Belito Garcia v. Attorney General of the United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that it is appropriate to examine the criminal complaint, which was the relevant charging instrument, under the modified categorical approach
• explaining that “[s]ince the record of conviction includes the charging instrument, and the criminal complaint in Gar cia’s case is the relevant charging instrument, we may appropriately examine that complaint”
• “Here, [35 Pa. Stat. Ann. § 780-113(a)(30)] describes three distinct offenses: manufacture, delivery, and possession with the intent to deliver or manufacture. Based on the broad scope of section 12(a)(30
• “Statutes phrased in the disjunctive may invite inquiry into the record of conviction if it is unclear from the face of the statute whether the conviction qualifies as an aggravated felony.”
• “An alien who has been convicted of an aggravated felony is ineligible for most types of relief provided by the INA, such as cancellation of removal, asylum, and withholding of removal.”
• “Statutes phrased in the disjunctive may invite inquiry into the record of conviction if it is unclear from the face of the statute whether the conviction qualifies as an aggravated felony.”

Source: CourtListener parenthetical corpus (CC0).