· 8/16/2010
Restrepo v. Attorney General of US
Citations
- 617 F.3d 787
- 2010 U.S. App. LEXIS 17091
- 2010 WL 3211138
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Congress did not plainly and unambiguously indicate in the INA what it meant by the generic offense of “sexual abuse of a minor”
- concluding that the undefined phrase “sexual abuse of a minor” in § 1101(a)(43)(A) was “most assuredly not clear and unambiguous”
- asserting that “Congress may have intended for the BIA to utilize its expertise to define the phrase” sexual abuse of a minor
- noting that the INA “contains no definition of this phrase”
- according significance to the absence of a cross-reference when interpreting a statute
- “The question of whether an alien’s offense constitutes an aggravated felony is reviewed de novo as it implicates a purely legal question that governs the appellate court’s jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Fisher, Conner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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