Legal Opinion
Carlos Rene Rivas-Gomez v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
Decided April 3, 2006No. 03-72087PublishedCited by 14 opinions
1Opinion of the Court
TROTT, Circuit Judge.
This petition for review raises the question of whether a conviction under Oregon Revised Statutes (“ORS”) § 163.355 (rape in the third degree), which criminalizes as a felony “sexual intercourse with another person under 16 years of age,” constitutes an aggravated felony within the meaning of 8 U.S.C. § 1101(a)(43)(A). We conclude, as did the Immigration Judge (“IJ”), that it does. However, because the IJ erroneously applied a heightened standard when deciding whether to grant a waiver under 8 U.S.C. § 1159(c), we grant the petition in part and remand.
BACKGROUND
Carlos…
2Cases cited15 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
- Scot L. Zimmerman v. State of Oregon Department of JusticeCourt of Appeals for the Ninth Circuit · 1999
- United States v. Rafael Baron-MedinaCourt of Appeals for the Ninth Circuit · 1999
- Maria Isabel Gonzalez De Martinez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Ahmed Ali v. Deborah Achim, Michael Chertoff, and Alberto Gonzales, Ahmed Ali v. Alberto GonzalesCourt of Appeals for the Seventh Circuit · 2006
- Jean v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
- Ali, Ahmed v. Achim, DeborahCourt of Appeals for the Seventh Circuit · 2006
- Ancheta v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
9 more not listed; retrieve them via the Exa API.