Rahmatullah Afridi 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 conviction for engaging in sexual intercourse with minor who is more than three years younger than perpetrator is sexual abuse of a minor
• holding that, “[w]hile we cannot reweigh evi- dence” underlying a discretionary determination, “we can determine whether the BIA applied the correct legal standard in making its determination”
• holding that simply considering the nature of the petitioner’s crime and the terms of his probation was not sufficient to separate Afridi’s crime from that of any other person convicted under the same statute
• holding that simply considering the nature of the petitioner’s crime and the terms of his probation was not sufficient to separate Afridi’s crime from that of any other person convicted under the same statute
• concluding “that the BIA acted arbitrarily and capriciously in failing in its duty to consider the facts and circumstances of Mr. Afridi’s conviction”
• discussing appellate court’s jurisdiction to consider legal questions related to the determination of whether a crime is particularly serious

Source: CourtListener parenthetical corpus (CC0).