Legal Opinion

Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided July 20, 2001No. 2000PublishedCited by 119 opinions

1Opinion of the Court

OAKES, Senior Circuit Judge:

Petitioner was ordered removed from the United States under § 237(a)(2)(A)(iii) of the Immigration and Nationality Act of 1952 (“INA”), codified at 8 U.S.C. § 1227(a)(2)(A)(iii)(2000), as an alien convicted of an “aggravated felony” based upon his New York State felony conviction for operating a vehicle while intoxicated (“DWI”).1 Petitioner claims that his conviction does not amount to a “crime of violence” under 18 U.S.C. § 16(b)(2000), as is required by the definition of “aggravated felony” provided in 8 U.S.C. 1101(a)(43)(F)(2000).

The principal question on…

2Cases cited32 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  4. Fong Haw Tan v. PhelanSupreme Court of the United States · 1948
  5. United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001

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3Cited by119 opinions

  1. Leocal v. AshcroftSupreme Court of the United States · 2004
  2. Shobinder Gill v. Immigration and Naturalization ServicesCourt of Appeals for the Second Circuit · 2005
  3. Jan Knapik v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
  4. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
  5. Jean-Louis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009

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