Legal Opinion
Salazar-Luviano v. Mukasey
Court of Appeals for the Ninth Circuit
Decided December 23, 2008No. 05-70505PublishedCited by 24 opinions
1Opinion of the Court
OPINION
HAWKINS, Circuit Judge:
Is aiding and abetting an attempted escape from custody an “obstruction of justice” crime, and therefore an aggravated felony, within the meaning of the Immigration and Nationality Act (“INA”) § 101(a)(43)(S)? Petitioner Norberto Salazar-Luviano (“Salazar-Luviano”) argues that it is not and that he is therefore eligible for cancellation of removal under INA § 240A(a). We agree, grant his petition for review, and remand to the BIA for consideration of his request for cancellation of removal. 1
I. BACKGROUND
Salazar-Luviano is a fifty-five-year-old citizen of Mexico,…
2Cases cited13 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- United States v. AguilarSupreme Court of the United States · 1995
- Fernandez-Ruiz v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- Denis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011
- Hector Rodriguez-Castellon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
- Augustin Valenzuela Gallardo v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Higgins v. HolderCourt of Appeals for the Second Circuit · 2012
19 more not listed; retrieve them via the Exa API.