Legal Opinion

Fernandez-Bernal v. Attorney General of the United States

Court of Appeals for the Eleventh Circuit

Decided July 19, 2001No. 99-15373PublishedCited by 105 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Luis Ernesto Fernandez-Bernal, a foreign national who is a permanent lawful resident of this country, has been convicted of a controlled substance offense in state court. Because of that conviction, he was ordered removed from the United States, and that removal order was affirmed by the Board of Immigration Appeals. He has petitioned us for review, contending that the expungement of his state court conviction means he should not be removed. For the reasons we will discuss, 8 U.S.C. § 1252(a)(2)(C) deprives us of subject-matter jurisdiction over his petition.

I. FACTS AND…

2Cases cited34 opinions

  1. Plyler v. DoeSupreme Court of the United States · 1982
  2. Reno v. FloresSupreme Court of the United States · 1993
  3. Mathews v. DiazSupreme Court of the United States · 1976
  4. Johnson v. RobisonSupreme Court of the United States · 1974
  5. Stanton v. StantonSupreme Court of the United States · 1975

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3Cited by105 opinions

  1. Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. Andres Amaya-Artunduaga v. U.S. Atty. Gen.Court of Appeals for the Eleventh Circuit · 2006
  3. Jean Neckson Cadet v. John M. BulgerCourt of Appeals for the Eleventh Circuit · 2004
  4. National Parks Conservation Association, Tropical Audubon Society v. Gail Norton, Fran P. ManellaCourt of Appeals for the Eleventh Circuit · 2003
  5. Fidel Angel Hernandez-Barrera v. John Ashcroft, Attorney GeneralCourt of Appeals for the First Circuit · 2004

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