Legal Opinion
Smith v. Gonzales
Court of Appeals for the Fifth Circuit
Decided October 24, 2006No. 06-60020PublishedCited by 13 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
In this appeal, Smith challenges a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an Immigration Judge (“IJ”) order denying Smith’s application for the discretionary relief of cancellation of removal. The BIA concluded that Smith was ineligible for this discretionary relief because he had been convicted of an “aggravated felony” under the Immigration and Nationalization Act (“INA”). Because we disagree that the conviction qualifies as an “aggravated felony,” we vacate the BIA order and remand this case to the BIA for further proceedings.
I
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2Cases cited9 opinions
- United States v. Hinojosa-LopezCourt of Appeals for the Fifth Circuit · 1997
- David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
- Jesus Aaron Cazarez-Gutierrez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- United States v. Hernandez-AvalosCourt of Appeals for the Fifth Circuit · 2001
- Fernando Aguirre v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Arce-Vences v. MukaseyCourt of Appeals for the Fifth Circuit · 2007
- CARACHURI-ROSENDOBoard of Immigration Appeals · 2007
- Vasquez-Martinez v. HolderCourt of Appeals for the Fifth Circuit · 2009
- Rashid v. MukaseyCourt of Appeals for the Sixth Circuit · 2008
- Martinez v. MukaseyCourt of Appeals for the Fifth Circuit · 2007
8 more not listed; retrieve them via the Exa API.