Legal Opinion
Miguel-Miguel v. Gonzales
Court of Appeals for the Ninth Circuit
Decided August 29, 2007No. 05-15900PublishedCited by 97 opinions
1Opinion of the Court
FISHER, Circuit Judge:
This case presents the question of whether the Attorney General may through an adjudicative decision create a strong presumption that a drug trafficking offense resulting in a sentence of less than five years is a “particularly serious crime” under 8 U.S.C. § 1231(b)(3)(B). Diego Miguel-Miguel, a native of Guatemala, petitioned for withholding of removal based upon his alleged fear that his life or freedom would be threatened if he were returned to Guatemala. The Board of Immigration Appeals (BIA) agreed, declaring Miguel eligible for withholding of removal, but…
2Cases cited32 opinions
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- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
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3Cited by97 opinions
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- Francisco Garfias-Rodriguez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
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