Legal Opinion

CABRERA

Board of Immigration Appeals

Decided July 1, 2008No. ID 3601PublishedCited by 10 opinions

1Opinion of the Court

Cite as

24 I&N Dec. 459

(BIA 2008) Interim Decision #3601 Matter of Arturo CABRERA, Respondent File A76 171 415 - Miami Decided February 27, 2008 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The imposition of costs and surcharges in the criminal sentencing context constitutes a form of “punishment” or “penalty” for purposes of establishing that an alien has suffered a “conviction” within the meaning of section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2000). FOR RESPONDENT: Mayra Joli, Esquire, Coral…

2Cases cited28 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Bearden v. GeorgiaSupreme Court of the United States · 1983
  3. Williams v. IllinoisSupreme Court of the United States · 1970
  4. Pasquantino v. United StatesSupreme Court of the United States · 2005
  5. United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999

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3Cited by10 opinions

  1. Retuta v. HolderCourt of Appeals for the Ninth Circuit · 2010
  2. Bernardo Castillo v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2013
  3. Jose Guzman Gonzalez v. Jefferson Sessions IIICourt of Appeals for the Fourth Circuit · 2018
  4. MOHAMEDBoard of Immigration Appeals · 2017
  5. Luis Mendoza-Saenz v. Jefferson B. Sessions, IIICourt of Appeals for the Eighth Circuit · 2017

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