Legal Opinion

Walter Leopoldo Espinoza-Franco v. John Ashcroft, Attorney General of the United States

Court of Appeals for the Seventh Circuit

Decided January 3, 2005No. 03-2351PublishedCited by 17 opinions

1Per curiam

Walter Leopoldo Espinoza-Franeo was convicted under an Illinois statute of felony sexual abuse of his daughter. The Immigration and Naturalization Service (now Department of Homeland Security) began proceedings against him, arguing that he is removable because he committed “sexual abuse of a minor” — an aggravated felony under the Immigration and Nationality Act. After a hearing, an Immigration Judge ordered his removal, and the Board of Immigration Appeals affirmed. Espinoza-Franco admits having committed the crime but argues that it is not an aggravated felony. Because the crime does…

2Cases cited16 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Rafael Baron-MedinaCourt of Appeals for the Ninth Circuit · 1999
  4. Jose Encarnacion Cedano-Viera v. John D. Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. Ricardo Lara-Ruiz v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2001

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3Cited by17 opinions

  1. Srivenugopala Gattem v. Alberto R. Gonzales, 1Court of Appeals for the Seventh Circuit · 2005
  2. Eke v. MukaseyCourt of Appeals for the Seventh Circuit · 2008
  3. Akram Qassim Hamid v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2005
  4. Gaiskov v. HolderCourt of Appeals for the Seventh Circuit · 2009
  5. Alberto Velasco-Giron v. Eric Holder, Jr.Court of Appeals for the Seventh Circuit · 2014

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