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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.