Legal Opinion

Fernando Aguirre v. Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided March 22, 1996No. 432, Docket 93-4195PublishedCited by 55 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

This petition for review of a decision of the Board of Immigration Appeals (“BIA”) obliges us to revisit the issue of whether an offense that is a felony under state but not federal law qualifies as an “aggravated felony” for purposes of precluding an alien from consideration for waiver of deportation or asylum. Fernando Aguirre petitions for review of the July 15,1993, decision of the BIA, ordering his deportation and ruling him ineligible for discretionary relief. Because the BIA has, since the Aguirre decision, altered, or at least clarified, its view as to the…

2Cases cited8 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Ernest Francis v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
  3. Neal v. United StatesSupreme Court of the United States · 1996
  4. United States v. Luis A. Martinez, Alexis Miranda Ortiz, Also Known as Alexis PachecoCourt of Appeals for the Second Circuit · 1993
  5. United States v. Restrepo AguilarCourt of Appeals for the First Circuit · 1996

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3Cited by55 opinions

  1. Lopez v. GonzalesSupreme Court of the United States · 2006
  2. Franklin Henderson v. Immigration and Naturalization Service, Saul Navas v. Janet Reno, as Attorney General of the United States, Engin Yesil v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service John B.Z. Caplinger, District Director Nancy Hooks, Officer in Charge, Guillermo Mojica v. Janet Reno, as Attorney General of the United States, Saul Navas v. Janet Reno, as Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1998
  3. David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
  4. Ioan Sofinet v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1999
  5. Jesus Aaron Cazarez-Gutierrez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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