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· 7/1/2001

OLIVARES

Citations

  • 23 I. & N. Dec. 148

Syllabus

OLIVARES, 23 I&N Dec. 148 (BIA 2001) ID 3453 (PDF) Under United States v. Chapa-Garza, 243 F.3d 921 (5th Cir. 2001), and United States v. Hernandez-Avalos, 251 F.3d 505 (5th Cir. 2001), a Texas conviction for felony DWI is not classifiable as a crime of violence conviction under 18 U.S.C. § 16(b) (1994) for purposes of removability in cases arising in the United States Court of Appeals for the Fifth Circuit accordingly, in cases arising in the Fifth Circuit, Matter of Puente, Interim Decision 3412 (BIA 1999), will not be applied.

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