Legal Opinion

Kofa v. U.S. Immigration & Naturalization Service

Court of Appeals for the Fourth Circuit

Decided July 27, 1995No. Nos. 92-1246, 92-2522PublishedCited by 2 opinions

1Opinion of the Court

Petitions for review denied by published opinion. Judge WIDENER wrote the majority opinion, in which Judges RUSSELL, WILKINSON, WILKINS, NIEMEYER, LUTTIG, and WILLIAMS joined. Judge HAMILTON wrote a dissenting opinion, in which Chief Judge ERVIN and Judges HALL, MURNAGHAN, and MICHAEL joined.

OPINION

WIDENER, Circuit Judge:

The sole issue in these consolidated eases is whether 8 U.S.C. § 1253(h)(2)(B),1 which authorizes withholding of deportation, requires a separate determination of dangerousness to the community in the case of an aggravated felon. We answer that question in the negative and…

2Cases cited22 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Lewis v. United StatesSupreme Court of the United States · 1980
  3. Murray v. Schooner Charming BetsySupreme Court of the United States · 1804
  4. Norfolk & Western Railway Co. v. American Train Dispatchers' Ass'nSupreme Court of the United States · 1991
  5. In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1989

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3Cited by2 opinions

  1. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  2. Lorenzo Kofa v. U.S. Immigration & Naturalization Service, Washington Lawyers' Committee for Civil Rights Under Law American Immigration Lawyers Association Legal Action Center of the American Immigration Law Foundation National Immigration Project of the National Lawyers Guild, Amici Curiae. Jorge Samuel Moreno v. U.S. Immigration & Naturalization ServiceCourt of Appeals for the Fourth Circuit · 1995

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