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· 12/19/2014

United States v. Jose Alvarado-Pineda

Citations

  • 774 F.3d 1198
  • 2014 U.S. App. LEXIS 24080
  • 2014 WL 7210940

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that, because specific intent to steal is an element of the Washington robbery statute, it falls within the definition of generic theft
  • articulating that “the removal order serves as a predicate element of [the defendant’s] conviction”
  • discussing waiver and U-visa as forms of relief from which aggravated felons are not barred when applying for admission to the U.S.
  • “fundamental unfairness” under § 1326(d)(3) requires proof of a due process violation and resulting prejudice
  • “As a general matter, a defendant who has been convicted of an aggravated felony cannot show that he was prejudiced by defects in his underlying proceedings.”
  • looking to Washington statutes and cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Tashima, Fletcher, Bybee

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.