Fifth Circuit· 9/6/2006

James v. Gonzales

Citations

464 F.3d 505
2006 WL 2536614

How courts have described this case

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

holding BIA lacked statutory authority to order removal, because \only an IJ may enter an order of removal in the first instance\ (citing 8 U.S.C. § 1229a(a)(1)-(3) )
noting that \[w]e recognize that `[w]hether an offense \involves\ fraud is a broader question than whether it constitutes fraud'\ and concluding that \[t]he plain language of § 1344 . . . provides that a violation of either subsection necessarily entails fraud or deceit\
adopting the reasoning in Noriega-Lopez v. Ashcroft , 335 F.3d 874 , 884-85 (9th Cir. 2003)
adopting the reasoning in Noriega-Lopez v. Ashcroft , 335 F.3d 874 , 884-85 (9th Cir. 2003)
noting that “[w]e recognize that ‘[w]hether an offense “involves” fraud is a broader question than whether it constitutes fraud’” and concluding that “[t]he plain language of § 1344 . . . provides that a violation of either subsection necessarily entails fraud or deceit”
rejecting specific challenges to use of the restitution order

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Higginbotham, Clement

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Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

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