Chue Xiong v. Immigration and Naturalization Service

How courts have described this case

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

• holding that due process would be violated were the court to uphold the deportation order on a ground that was not presented to the Immigration Judge
• holding that, “[a]bsent a substantial age difference,” “consensual sex between a boyfriend and his fifteen year old girlfriend” is not a crime of violence under § 16(b)
• finding that consensual sex be- tween an 18-year-old and his 15-year-old girlfriend was not a crime of violence for purposes of 18 U.S.C. § 16(b)
• noting that when judicial review hinges on a particular fact or legal conclu- sion, then a court may determine whether that condition exists
• considering un- disputed facts outside indictment to determine wheth- er offense constituted crime of violence under 18 U.S.C. § 16(b) because indictment itself was ambiguous
• applying the same definition of “actions taken” and holding that “the BIA’s dismissal of Xiong’s appeal on August 21, 1999 was an action 13 taken that triggered the new definition of ‘aggravated felony’”

Source: CourtListener parenthetical corpus (CC0).