· 7/8/2003
Jayantha Edirsinghe Kankamalage v. Immigration and Naturalization Service
Citations
- 335 F.3d 858
- 2003 Cal. Daily Op. Serv. 5946
- 2003 U.S. App. LEXIS 13590
- 2003 WL 21524766
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that a regulation may not apply retroactively unless it “unambiguously directs retroactive application”
- applying St. Cyr and concluding that a regulation impermissibly attached a new disability to an alien’s guilty plea, without examining whether the alien spe- cifically bargained for eligibility at the time of the plea
- “Once . . . a finding [is made] that an offense constitutes a particularly serious crime, a separate determination of danger to the community is not required.”
- “Once the INS makes a finding that an offense constitutes a particularly serious crime, a separate determination of danger to the community is not required.”
- immigration regulation promulgated in 1990, which made aliens convicted of “a particularly serious crime” ineligible for asylum, did not apply retroactively to an alien who pled guilty to robbery in 1988
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Fletcher, Silverman
Read full opinion on CourtListenerSourced 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.