Legal Opinion

Fernandez-Ruiz v. Gonzales

Court of Appeals for the Ninth Circuit

Decided October 25, 2006No. 03-74533PublishedCited by 240 opinions

1Opinion of the Court

This case calls upon us to decide whether the petitioner’s 2003 Arizona conviction for domestic violence was a “crime of domestic violence” under a federal statute that triggers removal of a legally admitted resident alien from this country. The federal statute, as interpreted by the Supreme Court in Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004), covers only those crimes involving intentional conduct. Because the relevant Arizona statute permits conviction when a defendant recklessly but unintentionally causes physical injury to another, and because the petitioner’s…

2Cases cited35 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  3. Smith v. United StatesSupreme Court of the United States · 1993
  4. Leocal v. AshcroftSupreme Court of the United States · 2004
  5. Intel Corp. v. Advanced Micro Devices, Inc.Supreme Court of the United States · 2004

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3Cited by240 opinions

  1. United States v. CastlemanSupreme Court of the United States · 2014
  2. Kathleen Sonner v. Premier Nutrition Corp.Court of Appeals for the Ninth Circuit · 2020
  3. Lemoge v. United StatesCourt of Appeals for the Ninth Circuit · 2009
  4. Sandoval-Luna v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. Tijani v. HolderCourt of Appeals for the Ninth Circuit · 2010

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