Legal Opinion
Ellen Valle McDonald v. Alberto Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
Decided March 2, 2005No. 03-71986PublishedCited by 5 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge.
Ellen Valle McDonald, a native of the Philippines and legal permanent resident of the United States, was found removable under 8 U.S.C. § 1227(a)(6)(A) for voting in violation of Hawaii law. Although § 1227(a)(6)(A) provides the reason for deportation, we look to the relevant Hawaii statute, H.R.S. § 19-3.5(2), to decide whether that reason is substantiated, i.e., whether a violation occurred. Because we determine that McDonald did not have the requisite mental state to have violated H.R.S. § 19-3.5(2), we grant her petition.
FACTS AND PROCEDURAL HISTORY
McDon…
2Cases cited11 opinions
- Morton v. RuizSupreme Court of the United States · 1974
- Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
- Roberto Antonio Aguilera-Cota v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1990
- State v. JenkinsHawaii Supreme Court · 2000
- Joseph Tshibang Kalubi v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
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3Cited by5 opinions
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- Anthony Kimani v. Eric Holder, Jr.Court of Appeals for the Seventh Circuit · 2012
- GOMEZ-GRANILLO v. HolderCourt of Appeals for the Ninth Circuit · 2011
- FITZPATRICKBoard of Immigration Appeals · 2015
- Lopez RicoBoard of Immigration Appeals · 2026