Legal Opinion

Alexis Martinez v. Attorney General United States

Court of Appeals for the Third Circuit

Decided October 16, 2018No. 17-3434PublishedCited by 27 opinions

1Opinion of the Court

BIBAS, Circuit Judge.

We must decide whether New Jersey's drug-trafficking law criminalizes more conduct than the federal one. Under the categorical approach, a state-law conviction makes an alien removable if its elements are no broader than those of a qualifying federal crime. Moncrieffe v. Holder , 569 U.S. 184 , 190-91, 133 S.Ct. 1678 , 185 L.Ed.2d 727 (2013). Alexis Martinez contends that he is not removable because the New Jersey drug-trafficking law of which he was convicted is broader than its federal counterpart. First, he argues that although both laws extend to attempts, New…

2Cases cited21 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Mathis v. United StatesSupreme Court of the United States · 2016
  3. Moncrieffe v. HolderSupreme Court of the United States · 2013
  4. Mellouli v. LynchSupreme Court of the United States · 2015
  5. United States v. Roy MandujanoCourt of Appeals for the Fifth Circuit · 1974

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3Cited by27 opinions

  1. Noe Medina-Rodriguez v. William BarrCourt of Appeals for the Ninth Circuit · 2020
  2. United States v. Soterio HopeCourt of Appeals for the Fourth Circuit · 2022
  3. United States v. Kenneth DanielsCourt of Appeals for the Third Circuit · 2019
  4. United States v. AbdulazizCourt of Appeals for the First Circuit · 2021
  5. United States v. James Clark, IIICourt of Appeals for the Sixth Circuit · 2022

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