Legal Opinion
Naji Antoine Tokatly v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided June 10, 2004No. 03-70473PublishedCited by 180 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
Naji Tokatly, native of Syria and legal permanent resident, appeals the BIA’s streamlined decision finding that he was removable for having been convicted of a “crime of domestic violence,” INA § 237(a)(2)(E)®, 8 U.S.C. § 1227(a)(2)(E). We hold that the Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990) categorical and modified categorical approach is applicable to section 237(a)(2)(E)®, and that neither the Board of Immigration Appeals (BIA or Board) nor this court may look beyond the record of conviction to determine whether the crime of…
2Cases cited20 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche and Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Oscar Rojas-Garcia v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert S. Coleman, Jr.Court of Appeals for the Ninth Circuit · 2003
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
15 more not listed; retrieve them via the Exa API.
3Cited by180 opinions
- Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- United States v. ForresterCourt of Appeals for the Ninth Circuit · 2008
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
- Kaplun v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
175 more not listed; retrieve them via the Exa API.