Legal Opinion

Matter of KHAN

Board of Immigration Appeals

Decided November 1, 2024No. ID 4081PublishedCited by 1 opinion

1Opinion of the Court

Cite as

28 I&N Dec. 850

(BIA 2024) Interim Decision #4081 Matter of Nasir Ali KHAN, Respondent Decided November 1, 2024 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) When the government must prove the elements of a sentencing enhancement beyond a reasonable doubt, those additional elements are combined with the elements of the underlying criminal statute and all the elements are then considered together as one compound crime. (2) The respondent’s compound conviction under section 191.5(b) of the California Penal Code enhanced by section…

2Cases cited44 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Shobna Chandar Lata v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  5. Moncrieffe v. HolderSupreme Court of the United States · 2013

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3Cited by1 opinion

  1. Matter of KHANBoard of Immigration Appeals · 2024

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