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· 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 CourtListener

Sourced 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.