Legal Opinion

Aguilera-Montero v. Mukasey

Court of Appeals for the Ninth Circuit

Decided December 1, 2008No. 06-72956PublishedCited by 29 opinions

1Opinion of the Court

RAWLINSON, Circuit Judge:

Appellant Pedro Aguilera-Montero (Aguilera-Montero) petitions for review of the Board of Immigration Appeals’ (BIA) dismissal of his appeal of a denial of his application for adjustment of status. Aguilera-Montero asserts that he is entitled to a waiver of deportability pursuant to 8 U.S.C. § 1227 because of a full and unconditional state pardon.

Additionally, Aguilera-Montero maintains that the availability of a pardon-based waiver pursuant to 8 U.S.C. § 1227 violates the equal protection rights of inadmissible aliens, who are not entitled to such a waiver under 8…

2Cases cited18 opinions

  1. Ex Parte GarlandSupreme Court of the United States · 1867
  2. Harrison v. OllisonCourt of Appeals for the Ninth Circuit · 2008
  3. Maria Isabel Gonzalez De Martinez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Roberta Charmaine Garberding v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  5. Christopher John Dillingham v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001

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3Cited by29 opinions

  1. Al Haramain Islamic Foundation, Inc. v. United States Department of the TreasuryCourt of Appeals for the Ninth Circuit · 2011
  2. Herrera v. US Citizenship and Immigration ServicesCourt of Appeals for the Ninth Circuit · 2009
  3. Jose Zumel v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  4. Al Haramain Islamic Foundation, Inc. v. United States Department of the TreasuryCourt of Appeals for the Ninth Circuit · 2011
  5. Albaro Elias Tista v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2013

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

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