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Immigration Caselaw


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9TH CIRCUIT COURT OF APPEALS
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RAMIREZ-CASTRO v. IMMIGRATION & NATURALIZATION SERV.
(04/24/02 - No.
00-71589)
A California state court order, expunging appellant's
conviction after
his successful completion of probation, does not
eliminate the
immigration consequences of that conviction; petition
for review of
deportation is denied.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0071589p.pdf


US v. HERNANDEZ-CASTELLANOS (04/25/02 - No. 01-10301)
Under Arizona law, felony endangerment is not,
categorically, an
aggravated felony because (under relevant statutes)
risk of "physical
injury" differs from risk of "physical force" being
used, thus an
aggravated felony enhancement to appellant's illegal
reentry sentence
was improper.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0110301p.pdf


VARGAS-GARCIA v. IMMIGRATION & NATURALIZATION SERV.
(04/25/02 - No.
00-71019)
Summary dismissal of appeal of ruling denying
suspension of
deportation, without notice, and use of a deficient INS
Notice of Appeal
form (which fails to inform alien that the equivalent
of a true legal
brief is required), combined to result in denial of due
process of law
to an alien.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0071019p.pdf

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10TH CIRCUIT COURT OF APPEALS
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KHALAYLEH v. IMMIGRATION & NATURALIZATION SERV.
(04/23/02 - No.
01-9504)
Where the dollar amount of "loss" suffered by victims
of petitioner's
scheme to defraud made his conviction one for an
aggravated felony,
court was without jurisdiction to hear appeal of
alien's final order of
removal, under 8 U.S.C. section 1252(a)(2)(C).

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/019504.html


US v. SAENZ-MENDOZA (04/26/02 - No. 01-2083)
Although a child abuse conviction was only a
misdemeanor under state
law, it qualified as an "aggravated felony" as defined
by 8 U.S.C.
section 1101(a)(43)(F), so that appellant's sentence
for reentry into
the U.S. as a deported alien previously convicted of an
aggravated
felony was valid.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/012083.html