Legal Opinion

Daniel Humberto Chavez-Perez v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided October 27, 2004No. 02-72422PublishedCited by 57 opinions

1Opinion of the Court

Opinion by Judge TALLMAN; Dissent by Judge WILLIAM A. FLETCHER

TALLMAN, Circuit Judge.

The petitioner is an alien who was convicted in Oregon of first-time simple drug possession. Though this conviction might be expunged from his record sometime in the future pursuant to Oregon’s rehabilitative statute, he has not yet qualified for this relief, and so the Immigration and Naturalization Service (INS)1 ordered him *1286removed as an alien convicted of a felony-controlled substance offense. We must decide whether this removal order violates Chavez-Perez’s rights under the Equal Protection Clause.…

2Cases cited23 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet RenoCourt of Appeals for the Ninth Circuit · 2000
  3. Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. Andres Flores-Miramontes,petitioner v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  5. Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994

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3Cited by57 opinions

  1. Sandoval-Luna v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  2. Brezilien v. HolderCourt of Appeals for the Ninth Circuit · 2009
  3. Breen v. Carlsbad Municipal SchoolsNew Mexico Supreme Court · 2005
  4. De Jesus Melendez v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
  5. Ramirez-Altamirano v. HolderCourt of Appeals for the Ninth Circuit · 2009

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

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