Jose Reyes Ruiz-Vidal v. Alberto R. Gonzales, Attorney General

How courts have described this case

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

• holding that we need not remand to the BIA so that it may apply the cate- gorical approach
• noting that Califor- nia law regulates the possession and sale of numer- ous substances that are not similarly regulated by the federal Controlled Substances Act
• finding that Section 11379, which regulates the same drugs as Section 11378, is categorically over-broad to be deemed a controlled substance offense under the INA because Section 11379 covers more drugs than those listed in the controlled Substances Act
• finding no categorical fit because “California law regulates the possession and sale of numerous substances that are not similarly regulated by the CSA”
• calling the government’s request to remand under Ventura “misplaced,” because “the record on remand would consist only of those documents already in the record,” no further agency expertise was required to determine removability, and the BIA already had considered the issue
• “In undertaking an analysis of the record of conviction, we may consider the charging documents in conjunction with the plea agreement . . .”

Source: CourtListener parenthetical corpus (CC0).