Legal Opinion

FERREIRA

Board of Immigration Appeals

Decided July 1, 2014No. ID 3815PublishedCited by 21 opinions

1Opinion of the Court

Cite as

26 I&N Dec. 415

(BIA 2014) Interim Decision #3815 Matter of Gustavo Ribeiro FERREIRA, Respondent Decided September 22, 2014 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the generic definition of the removable offense to defeat a charge of removability under the categorical approach. FOR RESPONDENT:…

2Cases cited13 opinions

  1. Shepard v. United StatesSupreme Court of the United States · 2005
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Moncrieffe v. HolderSupreme Court of the United States · 2013
  4. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  5. Lopez v. GonzalesSupreme Court of the United States · 2006

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3Cited by21 opinions

  1. Mellouli v. LynchSupreme Court of the United States · 2015
  2. Swaby v. YatesCourt of Appeals for the First Circuit · 2017
  3. Hylton v. SessionsCourt of Appeals for the Second Circuit · 2018
  4. Ivan Rodriguez Vazquez v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2018
  5. Noe Medina-Rodriguez v. William BarrCourt of Appeals for the Ninth Circuit · 2020

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