· 3/26/1999
United States v. Pedro Pornes-Garcia
Citations
- 171 F.3d 142
- 1999 U.S. App. LEXIS 5311
- 1999 WL 163594
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a state drug trafficking felony conviction that would have been a misdemeanor under federal law was an \aggravated felony\ under 8 U.S.C. § 1101(a)(43)(B) for purposes of the U.S.S.G. § 2L1.2(b)(1)(A) enhancement
- distinguishing the policies underlying that court's decision to follow L-Gin the context of asylum eligibility from the policies underlying its decision regarding the meaning of \aggravated felony\ for purposes of U.S.S.G. S 2L1.2(b)(1)(A)
- recognizing the Board’s “narrow” construction
- “The BIA expressly disagreed with our decision in Jenkins, and stated that it would follow our holding only in deportation and asylum cases arising in the Second Circuit.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Walker, Calabresi
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.