· 9/8/2003
United States v. Marco Gonzalez-Valerio, AKA Marcos Valerio, AKA Marcos Gonzalez Valerio, AKA Marcos Gonzalez-Valerio
Citations
- 342 F.3d 1051
- 2003 Daily Journal DAR 10189
- 2003 Cal. Daily Op. Serv. 8189
- 2003 U.S. App. LEXIS 18498
- 2003 WL 22072111
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the alien’s declaration stating that he was “attached” to his family who lived in the United States was “obviously undermined by his spousal and child abuse convictions”
- heightened showing required where defendant was convicted of lewd acts on a child, spousal abuse, and resisting arrest
- “The duty of the [hearing officer] to inform an alien of his eligibility for relief is mandatory, and the failure to do so constitutes a violation of the alien’s due process rights.”
- “Once [the defendant] makes a prima facie showing of prejudice, the burden shifts to the government to demonstrate that the procedural violation could not have changed the proceedings’ outcome.”
- describing elimination of § 212(c) relief in 1997
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Tashima, Clifton
Read full opinion on CourtListenerSourced 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.