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· 10/12/2011

Fajardo v. U.S. Attorney General

Citations

  • 659 F.3d 1303
  • 2011 U.S. App. LEXIS 20685
  • 2011 WL 4808171

How courts have described this case

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

  • stating that, when applying the modified categorical approach, courts may consider “the charging document, plea, verdict, and sentence”
  • explaining that application of the categorical approach is proper for determining whether an alien was “convicted of . . . a crime involving moral turpitude” under 8 U.S.C. § 1182(a)(2)(A)(i)(l)
  • relying on precedent from other contexts in which the categorical and modified categorical approaches apply in a case about whether a prior conviction qualified as a crime involving moral turpitude
  • “[C]ourts have consistently held that Congress’s use of the term ‘conviction,’ . . . demonstrated its intent to require adjudicators to apply the categorical and modified categorical approach.”
  • “Where words are employed in a statute which had at the time a well-known meaning at common law or in the law of this country they are presumed to have been used in that sense unless the context compels to the contrary.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett, Marcus, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.