Legal Opinion

Lupera-Espinoza v. Attorney General of the United States

Court of Appeals for the Third Circuit

Decided May 28, 2013No. 12-2007PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

The question presented is whether an alien who has spent more than five years in prison for . an aggravated felony is eligible for a waiver of deportation under former Immigration and Nationality Act (INA) § 212(c). We hold that he is not.

I

A native and citizen of Ecuador, Jorge Espinoza became a lawful permanent resident of the United States in 1980. In January 1994, he was served with an order to show cause charging him with deporta-bility on the basis of a February 1993 New York conviction for selling cocaine. In response, Espinoza filed an…

2Cases cited25 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. Olufemi Yussef Abdulai v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2001
  5. Saidou Dia v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003

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3Cited by9 opinions

  1. ABDELGHANYBoard of Immigration Appeals · 2014
  2. Arnold Aguilar-Quispe v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018
  3. Ford v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2020
  4. Marcel Bent v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2021
  5. Raheel Rehman v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018

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