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In re Hernandez

Interim Decision #3823 (B.I.A. 2015)
In re Hernandez

13 Cited authorities

  1. Gonzalez-Gonzalez v. Ashcroft

    390 F.3d 649 (9th Cir. 2004)   Cited 53 times
    Holding that an unadmitted noncitizen who was convicted of a crime of domestic violence—a conviction that renders an admitted noncitizen deportable under § 1227 but that does not render an unadmitted noncitizen inadmissible under § 1182—was ineligible for cancellation of removal because "[t]he plain language of § 1229b indicates that it should be read to cross-reference a list of offenses in three statutes, rather than the statutes as a whole"

  2. Hamdan v. I.N.S.

    98 F.3d 183 (5th Cir. 1996)   Cited 60 times
    Granting the petition for review and remanding for further examination of the record of conviction because the Louisiana kidnapping statute under which Hamdan was convicted is divided into discrete subsections, and it was unclear from the BIA's decision which subsection it believed Hamdan was convicted under and which subsections implicated moral turpitude

  3. Silva-Trevino v. Holder

    742 F.3d 197 (5th Cir. 2014)   Cited 30 times
    Concluding that petitioner had waived his argument by failing to adequately brief the issues

  4. Leal v. Holder

    771 F.3d 1140 (9th Cir. 2014)   Cited 29 times   1 Legal Analyses
    In Leal, for example, this court upheld the BIA's determination that an Arizona law barring "recklessly endangering another person with a substantial risk of imminent death" constitutes a CIMT. 771 F.3d at 1144 (quoting Ariz. Rev. Stat. § 13-1201).

  5. Nino v. Holder

    690 F.3d 691 (5th Cir. 2012)   Cited 24 times
    Holding that a state fraud conviction precluded cancellation

  6. Ruiz–Lopez v. Holder

    682 F.3d 513 (6th Cir. 2012)   Cited 23 times   1 Legal Analyses
    Fleeing from police while driving "in a manner indicating a wanton or willful disregard for the lives or property of others"

  7. Keungne v. U.S.

    561 F.3d 1281 (11th Cir. 2009)   Cited 26 times
    Holding that criminal recklessness involves moral turpitude

  8. Idy v. Holder

    674 F.3d 111 (1st Cir. 2012)   Cited 17 times
    Holding that New Hampshire’s crime of "reckless conduct," defined as "recklessly engag[ing] in conduct which places or may place another in danger of serious bodily injury," constitutes a CIMT

  9. Franklin v. I.N.S.

    72 F.3d 571 (8th Cir. 1995)   Cited 34 times
    Upholding BIA determination that involuntary man-slaughter, where alien "recklessly cause[d] the death of her child by consciously disregarding a substantial and unjustifiable risk to life," is a crime involving moral turpitude

  10. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,036 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,205 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  13. Section 12.21 - Class A Misdemeanor

    Tex. Pen. Code § 12.21   Cited 223 times
    Setting forth misdemeanor punishments ranging from a maximum $500 fine only for Class C misdemeanors, up to confinement for a year and a maximum $4,000 fine for a Class A misdemeanor