No. 20-5585

Denis Nikolla v. United States

Lower Court: Second Circuit
Docketed: 2020-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: categorical-approach criminal-law criminal-statute duenas-alvarez federal-criminal-statute federal-definition generic-definition generic-offense predicate-offense realistic-probability realistic-probability-test
Key Terms:
Immigration
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the categorical approach requires courts to limit the plain language of a federal criminal statute to the generic definition, even when the statute is broader on its face

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007), an immigration case, this Court held that when a federal court applies the categorical approach to determine whether a state-law offense is described by a generic federal definition, the court must determine whether the state has in fact applied its law more broadly than the federal definition — an analysis known as the “realistic probability” test. The question presented here is whether, in a criminal case, when the plain language of a federal criminal statute is broader on its face than the generic definition in the federal offense of conviction, a court applying the categorical approach may nevertheless use Duenas-Alvarez’s “realistic probability” test to limit the plain language of the predicate offense. i

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-29
Waiver of right of respondent United States to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Denis Nikolla
Daniel Stuart NooterDaniel S. Nooter, Esq., Petitioner
Daniel Stuart NooterDaniel S. Nooter, Esq., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent