Legal Opinion

United States v. Lopez-Velasquez

Court of Appeals for the Ninth Circuit

Decided December 7, 2010No. 07-30241PublishedCited by 59 opinions

1Opinion of the Court

OPINION

CALLAHAN, Circuit Judge:

The district court dismissed the indictment against Edmundo Lopez-Velasquez for illegal reentry on the ground that the immigration judge (“IJ”) presiding over his deportation hearing had a duty to inform him of discretionary relief under § 212(c) of the Immigration and Nationality Act. See 8 U.S.C. § 1182(c) (1994) (repealed 1996). Under the law as understood at the time of the hearing, Lopez-Velasquez was four years short of the mandatory seven-year domicile requirement for § 212(c) relief. Lopez-Velasquez contends that his domicile should have been calculated…

2Cases cited30 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Immigration & Naturalization Service v. Rios-PinedaSupreme Court of the United States · 1985
  3. Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
  4. United States v. Isidro Ubaldo-FigueroaCourt of Appeals for the Ninth Circuit · 2004
  5. United States of America, Plaintiff-Appellee-Cross-Appellant v. Juan Mario Arrieta, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2000

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3Cited by59 opinions

  1. United States v. Venancio Rojas-PedrozaCourt of Appeals for the Ninth Circuit · 2013
  2. United States v. Faustino GomezCourt of Appeals for the Ninth Circuit · 2014
  3. United States v. Juan Vidal-MendozaCourt of Appeals for the Ninth Circuit · 2013
  4. United States v. Aguilera-RiosCourt of Appeals for the Ninth Circuit · 2014
  5. United States v. Roberto LopezCourt of Appeals for the Ninth Circuit · 2014

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