Legal Opinion

Garcia v. Holder

Court of Appeals for the Sixth Circuit

Decided March 28, 2011No. 09-4390PublishedCited by 12 opinions

1Opinion of the Court

OPINION

RONALD LEE GILMAN, Circuit Judge.

Petitioner Jorge Garcia faces removal to Mexico, his home country. Although he applied for cancellation of removal, the Board of Immigration Appeals (BIA) determined that he is ineligible for this relief because his state drug conviction for the attempted possession of marihuana with the intent to deliver the drug constitutes an “aggravated felony” under the Immigration and Nationality Act (INA). The BIA ruled that his state conviction is an aggravated felony because it corresponds to a felony drug crime under federal law. Garcia challenges the BIA’s…

2Cases cited18 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Lopez v. GonzalesSupreme Court of the United States · 2006
  4. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  5. United States v. Mark Henry VincentCourt of Appeals for the Sixth Circuit · 1994

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3Cited by12 opinions

  1. Moncrieffe v. HolderSupreme Court of the United States · 2013
  2. ETTIENNE v. HolderCourt of Appeals for the Sixth Circuit · 2011
  3. Waugh v. HolderCourt of Appeals for the Tenth Circuit · 2011
  4. LANFERMANBoard of Immigration Appeals · 2012
  5. CASTRO RODRIGUEZBoard of Immigration Appeals · 2012

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