Legal Opinion · Dissent

United States v. Carlos Pacheco

Court of Appeals for the Second Circuit

Decided August 19, 2000No. 1999Published

1DissentStraub, Circuit Judge

I respectfully dissent. In my view, Carlos Pacheco’s three suspended sentences of one-year’s imprisonment for misdemeanor convictions cannot constitute “aggravated felonies” within the meaning of Section 101 (a)(43)(F) & (G) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1101(a)(43)(F) & (G), unless we adopt an “Alice-in-Wonderland-like definition of the term ‘aggravated felony’” that does violence to the plain and settled meanings of both “aggravated” and “felony.” Nancy Morawetz, Understanding the Impact of the 1996 Deportation Laws and the Limited Scope of the Proposed…

2Cases cited24 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Perrin v. United StatesSupreme Court of the United States · 1979

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