· 10/6/2009
Jean-Louis v. Attorney General of the United States
Citations
- 582 F.3d 462
- 2009 U.S. App. LEXIS 22021
- 2009 WL 3172753
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “deference is not owed to Silva-Trevino’s novel approach” due to the fact that “it is bottomed on an impermissible reading” of the INA
- noting that “moral turpitude” will rarely, if ever, be “an element of the underlying offense”
- observing that importation of the “realistic probability” test to the CIMT context is “wrong-headed”
- declining to remand where the relevant legal materials, including BIA decisions, “lead[ ] inexorably to the conclusion” that'an offense is not morally turpitudinous
- declining to import the Duenas-Alvarez realistic probability test into the crime involving moral turpitude context
- rejecting “Silva–Trevino’s novel approach” in favor of “the modified categorical approach that we have historically applied”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rendell, Roth, Hayden
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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