Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Board of Immigration Appeals· 7/1/2016

GARZA-OLIVARES

Citations

  • 26 I. & N. Dec. 736

Syllabus

In assessing whether an offense qualifies as an aggravated felony under section 101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012), the categorical approach applies to decide if the offense relates to an alien's failure to appear before a court, but the circumstance-specific approach applies to determine if the failure to appear was (1) pursuant to a court order (2) to answer to or dispose of a charge of a felony (3) for which a sentence of 2 years' imprisonment or more may be imposed.

How courts have described this case

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

  • dividing the INA definition into five elements: “(1) failure to appear; (2) before a court, (3) pursuant to a court order, (4) to answer to or dispose of a charge of a felony, and (5) where the felony was one for which a sentence of 2 years’ imprisonment or more may be imposed”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

4 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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.