Legal Opinion

Robert Francis v. Janet Reno, Attorney General and Doris Meissner, Commissioner of the Immigration and Naturalization Service

Court of Appeals for the Third Circuit

Decided October 30, 2001No. 00-2375PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

McKEE, Circuit Judge:

We are asked to decide if a state misdemeanor conviction for vehicular homicide is a “crime of violence” within the meaning of 18 U.S.C. § 16. Robert Francis was convicted of two counts of homicide by vehicle in Pennsylvania. Thereafter, the Immigration and Nationalization Service charged Francis with removability based upon its assertion that he had been convicted of an “aggravated felony” pursuant to the Immigration and Nationality Act (“INA”). 8 U.S.C. § 1227(a)(2)(A)(iñ).

The Immigration Judge ruled that homicide by vehicle as defined in…

2Cases cited20 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. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. Calcano-Martinez v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001

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3Cited by41 opinions

  1. Oyenike Alaka v. Attorney General of the United States Secretary of Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2006
  2. Khaimraj Singh v. John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2004
  3. Jan Knapik v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
  4. Jaroslaw Chrzanoski 1 v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Second Circuit · 2003
  5. Denis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011

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