· 3/8/2002
Mikhail Bovkun v. John Ashcroft, Attorney General of the United States
Citations
- 283 F.3d 166
- 2002 U.S. App. LEXIS 3677
- 2002 WL 369802
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that we must “determine what is the term of imprisonment actually imposed” and concluding that “a sentence with both a minimum and a maximum term is treated comparably with a functionally equivalent sentence with only a maximum term”
- looking to Pennsylvania law rather than BIA precedent in finding that a sentence of eleven-to-twenty-three months qualified as a term of imprisonment of \at least one year\
- interpreting a similar jurisdiction- stripping provision applicable to aliens who have been convicted of the commission of an aggravated felony
- looking to Pennsylvania law rather than BIA precedent in finding that a sentence of eleven-to-twenty-three months qualified as a term of imprisonment of “at least one year”
- conviction under statute making it a crime to threaten “to commit any crime of violence” is crime of violence under § 16(a)
Source: CourtListener parenthetical corpus (CC0).
Judges: Alito, Roth, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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