Legal Opinion

Conteh v. Gonzales

Court of Appeals for the First Circuit

Decided August 22, 2006No. 05-1282PublishedCited by 90 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This case requires us to answer, for the first time, the question of how to determine whether an alien has been convicted of an aggravated felony for purposes of the Immigration & Nationality Act (INA). Following what it termed a “modified categorical approach,” the Board of Immigration Appeals (BIA) concluded, based on an array of materials, that the petitioner’s conviction for conspiracy to commit bank fraud was a conviction for an aggravated felony. See 8 U.S.C. § 1101(a)(43). Accordingly it ordered removal. See id. § 1227(a)(2)(A)(iii). Although the BIA may have…

2Cases cited41 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. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. United States v. WattsSupreme Court of the United States · 1997

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3Cited by90 opinions

  1. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  2. Nijhawan v. HolderSupreme Court of the United States · 2009
  3. United States v. Turbides-LeonardoCourt of Appeals for the First Circuit · 2006
  4. Jean-Louis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
  5. United States v. JimenezCourt of Appeals for the First Circuit · 2007

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