Legal Opinion

Cruz-Garza v. Ashcroft

Court of Appeals for the Tenth Circuit

Decided February 2, 2005No. 04-9508PublishedCited by 32 opinions

1Opinion of the Court

McKAY, Circuit Judge.

Petitioner Raul Cruz-Garza seeks review 1 of a decision of the Board of Immigration Appeals (BIA) upholding a removal order issued by an Immigration Judge (I J) under 8 U.S.C. § 1227(a)(2)(A)(iii) (“Any alien who is convicted of an aggravated felony at any time after admission is de-portable.”). He contends the BIA errone ously relied on his state felony conviction for attempted theft to invoke § 1227(a)(2) (A.) (iii), when that conviction had been reduced to (i.e., vacated and replaced by) a misdemeanor by the state trial court. This contention raises a cognizable…

2Cases cited21 opinions

  1. Leocal v. AshcroftSupreme Court of the United States · 2004
  2. Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  3. Juan Manuel Murillo-Espinoza v. Immigration and Naturalization Service John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2001
  4. Maria Huerta-Guevara v. John D. Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. OZKOKBoard of Immigration Appeals · 1988

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Mohammed Salim Ali v. U.S. Atty. GeneralCourt of Appeals for the Eleventh Circuit · 2006
  2. Saleh v. GonzalesCourt of Appeals for the Second Circuit · 2007
  3. Puello v. Bureau of Citizenship & Immigration ServicesCourt of Appeals for the Second Circuit · 2007
  4. Samir M. Alim v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2006
  5. Christopher Pickering v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Sixth Circuit · 2006

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API