Legal Opinion

United States v. Atandi

Court of Appeals for the Tenth Circuit

Decided July 23, 2004No. 03-4014PublishedCited by 33 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Defendant Denis Gisemba Atandi, a citizen of Kenya, was charged under 18 U.S.C. § 922(g)(5)(A) as an alien illegally or unlawfully in the United States in possession of firearms. This ease requires us to decide whether § 922(g)(5)(A)’s firearm disability applies to aliens who (1) have violated the conditions of their visa status but who have not yet been ordered removed from the country, and (2) have had a Form 1-130 Petition for Alien Relative filed on their behalf but who have not yet applied for permanent residence or adjustment of status. We hold that such individuals,…

2Cases cited17 opinions

  1. United States v. Mead Corp.Supreme Court of the United States · 2001
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
  5. United States v. Zenon HernandezCourt of Appeals for the Tenth Circuit · 1990

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

3Cited by33 opinions

  1. United States v. BaldeCourt of Appeals for the Second Circuit · 2019
  2. United States v. Sabri YakouCourt of Appeals for the D.C. Circuit · 2005
  3. Aposhian v. BarrCourt of Appeals for the Tenth Circuit · 2020
  4. United States v. OrellanaCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. MendezCourt of Appeals for the Tenth Circuit · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API