Reed v. Florida

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 order of removal is fundamentally unfair if, pursuant to the order, defendant \was removed when he should not have been[.]\
• holding that “[i]f Aguilera ‘was removed when he should not have been,’ his 2005 removal was fundamentally unfair” (citation omitted)
• concluding that the realistic probability test was satisfied because California lacked an antique firearm exception and “California does prosecute cases involving antique firearms”
• holding that good cause existed to grant relief from waiver under Rule 12(e
• noting that, in some cases, “a conviction must necessarily establish the presence of certain factors that are not themselves elements of the crime” to qualify as a categorical match (emphasis added) (internal quotation marks omitted)
• rejecting government’s argument that Moncrieffe cannot be applied retroactively to determine whether the noncitizen was removable in 2005

Source: CourtListener parenthetical corpus (CC0).