Ming Lam Sui v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging that BIA interpreted § 1101(a)(43)(U) to reference “generic definition of attempt” characterized by “intent plus a substantial step”
• noting that the reviewing court “cannot go behind the offense as it was charged to reach [its] own determination as to whether the underlying facts amount to one of the enumerated crimes”
• holding that where an alien has the requisite intent to defraud, but has not taken a substantial step towards completion of the crime, the alien is not removable under the attempt subsection—§ 101(a)(43)(U)—and “may [not] be removed pursu- ant to subsection (M)(i
• noting that there had been neither a jury finding nor an allocution on the question of whether defendant's possession constituted a substantial step toward passing checks and thereby causing a loss in excess of $10,000
• noting that there had been neither a jury finding nor an allocution on the question of whether defendant’s possession constituted a substantial step toward passing checks and thereby causing a loss in excess of $10,000
• noting that reviewing court ʺcannot go behind the offense as it was charged to reach [its] own determination as to whether the underlying facts amount to one of the enumerated crimesʺ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).