Legal Opinion · Dissent
Philander Salviejo-Fernandez, AKA Philander Salviejo v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
Decided July 31, 2006No. 04-76383Published
1DissentPregerson, Circuit Judge
This case presents two important questions of first impression. First, the majority holds that a Notice to Appear need not charge all relevant criminal conduct, despite a DHS regulation to the contrary. See Maj. Op. at 1066. Second, it also concludes after only sparse analysis that California Health and Safety Code section 11366, that prohibits opening or maintaining a place for unlawfully selling or using a controlled substance, is categorically an aggravated felony. See Maj. Op. at 1067-68. Because I disagree with the majority’s legal analysis and its harsh conclusion that removal is…
2Cases cited9 opinions
- United States v. Mei-Fen ChenCourt of Appeals for the Fifth Circuit · 1990
- United States v. Lsl Biotechnologies Seminis Vegetable Seeds, Inc. Lsl Plantscience LccCourt of Appeals for the Ninth Circuit · 2004
- Mary Moore Aalund v. E. Dewitt Marshall, District Director of Immigration and NaturalizationCourt of Appeals for the Fifth Circuit · 1972
- United States v. Soto-SilvaCourt of Appeals for the Fifth Circuit · 1997
- Pedro Aponte v. James H. Gomez, Director, California Department of Corrections Attorney General for the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1993
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