Legal Opinion
Sanchez-Avalos v. Holder
Court of Appeals for the Ninth Circuit
Decided September 4, 2012No. 07-74437PublishedCited by 14 opinions
1Opinion of the Court
Opinion by Judge CLIFTON; Dissent by Judge BYBEE.
OPINION
CLIFTON, Circuit Judge:
Fernando Sanchez-Avalos (“Sanchez”) petitions for review of the BIA’s decision that he is not eligible for waiver of inadmissability because he was convicted of an aggravated felony. See Immigration and Nationality Act (“INA”) § 212(h), codified at 8 U.S.C. § 1182(h). Sanchez argues that his conviction for sexual battery under California Penal Code § 243.4(a) did not qualify as sexual abuse of a minor. We apply the categorical and modified categorical approaches first described by the Supreme Court in Taylor v.…
2Cases cited20 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Nijhawan v. HolderSupreme Court of the United States · 2009
- Fernandez-Ruiz v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
- United States v. Rafael Baron-MedinaCourt of Appeals for the Ninth Circuit · 1999
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roberto Lopez Valencia v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
- Oscar Chavez Solis v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
- United States v. Miguel De La Torre-JimenezCourt of Appeals for the Ninth Circuit · 2014
- Salvador Robles Lopez v. Jefferson Sessions, IIICourt of Appeals for the Ninth Circuit · 2018
- Campbell v. HolderCourt of Appeals for the First Circuit · 2012
9 more not listed; retrieve them via the Exa API.