Legal Opinion
Omari v. Gonzales
Court of Appeals for the Fifth Circuit
Decided July 25, 2005No. 03-61014PublishedCited by 62 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Nyakundi John Omari (Omari) petitions for review of an order by the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s order that Omari be removed from the United States. We hold that the record does not reflect that the prior conviction on which the removal order was based was for an aggravated felony, and we accordingly grant the petition for review, vacate the removal order, and remand to the BIA.
Facts and Proceedings Below
Omari is a native of Kenya who was admitted to the United States in March 1990. In May 1998, he was convicted in Minnesota state…
2Cases cited15 opinions
- Shepard v. United StatesSupreme Court of the United States · 2005
- Elanith Valansi v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
- United States v. Harry Neil KellyCourt of Appeals for the Fifth Circuit · 1978
- Hamdan v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1996
- Lopez-Elias v. RenoCourt of Appeals for the Fifth Circuit · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009
- Martinez v. MukaseyCourt of Appeals for the Fifth Circuit · 2008
- United States v. VannCourt of Appeals for the Fourth Circuit · 2011
- Juan Larin-Ulloa v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
- Young v. HolderCourt of Appeals for the Ninth Circuit · 2012
57 more not listed; retrieve them via the Exa API.