Legal Opinion
Nazir Ahmad Popal v. Alberto Gonzales, Attorney General of the United States Bureau of Immigration & Customs Enforcement
Court of Appeals for the Third Circuit
Decided July 29, 2005No. 04-2048PublishedCited by 54 opinions
1Opinion of the Court
BECKER, Circuit Judge.
Nazir Ahmad Popal petitions for review of an order of the Board of Immigration Appeals (BIA) ordering him deported as an aggravated felon. The government maintains that Popal’s crime of conviction, Pennsylvania simple assault, is a crime of violence under 18 U.S.C. § 16(a) and therefore renders him removable. We have recently held that crimes with a mens rea of recklessness do not constitute crimes of violence. Tran v. Gonzales, 414 F.3d 464, 2005 WL 1620320 (3d Cir. July 12, 2005). As Popal’s crime was a recklessness offense, he is not removable as an aggravated felon.…
2Cases cited18 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Leocal v. AshcroftSupreme Court of the United States · 2004
- Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
- Athanasios Theodoropoulos v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
- United States v. Steven L. ParsonCourt of Appeals for the Third Circuit · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Fernandez-Ruiz v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
- United States v. TaylorCourt of Appeals for the First Circuit · 2017
- United States v. OteroCourt of Appeals for the Third Circuit · 2007
- Singh v. GonzalesCourt of Appeals for the Third Circuit · 2006
- Mark Anthony Herbert Jordon v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2005
49 more not listed; retrieve them via the Exa API.