Legal Opinion

Henry Robert Lisbey v. Alberto Gonzales, Attorney General

Court of Appeals for the Ninth Circuit

Decided August 22, 2005No. 04-70557PublishedCited by 33 opinions

1Opinion of the Court

SCHROEDER, Chief Judge.

Henry Robert Lisbey petitions for review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) decision finding him removable as an alien convicted of an aggravated felony. At issue in this appeal is whether the crime of sexual battery under California Penal Code § 243.4(a) constitutes an “aggravated felony” authorizing removal of an alien pursuant to § 237(a)(2)(A)(iii) of the federal Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(A)(2)(A)(iii).

We hold that the crime is an aggravated felony because it requires…

2Cases cited12 opinions

  1. Leocal v. AshcroftSupreme Court of the United States · 2004
  2. Moskal v. United StatesSupreme Court of the United States · 1990
  3. Naji Antoine Tokatly v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Gerardo Reyes-CastroCourt of Appeals for the Tenth Circuit · 1993
  5. United States v. Jeffrey Dean BeckerCourt of Appeals for the Ninth Circuit · 1990

7 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Roberto Ortega-Mendez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  2. Victor B. Valencia v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. David Lopez-MontanezCourt of Appeals for the Ninth Circuit · 2005
  4. United States v. BanksCourt of Appeals for the Ninth Circuit · 2008
  5. ARMENDAREZBoard of Immigration Appeals · 2008

28 more not listed; retrieve them via the Exa API.

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