Legal Opinion
Harry P. Jenkins v. Immigration and Naturalization Service
Court of Appeals for the Second Circuit
Decided July 12, 1994No. Docket 94-4075PublishedCited by 35 opinions
1Opinion of the Court
WALKER, Circuit Judge:
Petitioner Harry P. Jenkins moves for acknowledgment of an automatic stay of deportation pending a decision on his petition for review of a deportation order of the Immigration and Naturalization Service (“INS”) or, in the alternative, for a discretionary stay. At issue on this motion is whether Jenkins’s state conviction of a crime that is a felony under state law but a misdemeanor under federal law qualifies as a conviction of an “aggravated felony” under § 106(a)(3) of the Immigration and Nationality Act of 1952 (the “Act”), 8 U.S.C. § 1105a(a)(3), thereby rendering…
2Cases cited9 opinions
- LaRouche v. KezerCourt of Appeals for the Second Circuit · 1994
- Dori Zardui-Quintana v. Louis M. RichardCourt of Appeals for the Eleventh Circuit · 1985
- United States v. ForbesCourt of Appeals for the First Circuit · 1994
- Jorge Luis Buitrago-Cuesta v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1993
- Lauriberto Ignacio v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- Ioan Sofinet v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1999
- Jesus Aaron Cazarez-Gutierrez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Felix Sutherland v. Janet Reno, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2000
- United States v. Cabrera-SosaCourt of Appeals for the Tenth Circuit · 1996
30 more not listed; retrieve them via the Exa API.