Legal Opinion · Dissent

Tomas Alejandro Mendez-Alcaraz v. Alberto R. Gonzales, Attorney General

Court of Appeals for the Ninth Circuit

Decided October 2, 2006No. 04-74268Published

1DissentFerguson, Circuit Judge

I

The government removed Tomas Mendez-Alcaraz (“Mendez”) from this country based on a criminal conviction that violated his procedural due process rights under the Fourteenth Amendment to the U.S. Constitution. Because such an unconscionable result cannot be affirmed, I dissent.

II

Shortly after his sixteenth birthday, petitioner Mendez, a lawful permanent resident of the United States, was subjected to an unlawful application of state law that cost him not only six years of his freedom, but also his ability to stay in the United States.

Although the laws of the United States and the state of…

2Cases cited12 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Roper v. SimmonsSupreme Court of the United States · 2005
  3. Kent v. United StatesSupreme Court of the United States · 1966
  4. Thompson v. OklahomaSupreme Court of the United States · 1988
  5. Jesse Javier Alvarado v. Jean HillCourt of Appeals for the Ninth Circuit · 2001

7 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