Naji Antoine Tokatly v. John Ashcroft, 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 an implicit waiver occurred when the party failed to “argue waiver [and] instead elected to address the issue on the merits”
• holding that we may not “look beyond the record of conviction itself to the particular facts underlying the conviction”
• holding that categorical approach informs whether an offense is one of domestic violence
• noting that the categorical approach applies “in order to determine whether an alien’s prior conviction constitutes a basis for removal under the INA”
• stating that if it is “not clear from the statutory definition of the prior offense whether that offense constitutes a removable offense,” we apply the modified categorical approach
• noting that the categorical approach applies “in order to determine whether an alien’s prior conviction constitutes a basis for removal under the INA”

Source: CourtListener parenthetical corpus (CC0).