In re Lopez-Meza

42 Cited authorities

Jordan v. De George
341 U.S. 223 (1951) Cited 711 times 6 Legal Analyses
Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude
United States v. Nardello
393 U.S. 286 (1969) Cited 180 times
Holding that § 1952 "imposes penalties upon any individual crossing state lines or using interstate facilities for any of the statutorily enumerated offenses"
Fong Haw Tan v. Phelan
333 U.S. 6 (1948) Cited 206 times 2 Legal Analyses
Rejecting government's definition of provision authorizing deportation for multiple criminal convictions
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
Grageda v. U.S. I.N.S.
12 F.3d 919 (9th Cir. 1993) Cited 63 times 1 Legal Analyses
Holding that “spousal abuse under section 273.5 is a crime of moral turpitude”
Goldeshtein v. I.N.S.
8 F.3d 645 (9th Cir. 1993) Cited 56 times
Holding that structuring financial transactions to avoid currency reports is not a crime of moral turpitude because, inter alia, "evil intent, such as intent to defraud is not necessarily an essential element of the crime"
Rodriguez-Herrera v. I.N.S.
52 F.3d 238 (9th Cir. 1995) Cited 40 times
Holding that Washington crime of "malicious mischief does not involve moral turpitude because its reach "extends to include pranksters with poor judgment"
State v. Cramer
192 Ariz. 150 (Ariz. Ct. App. 1998) Cited 32 times
Holding that a voidable judgment "is binding and enforceable and has all the ordinary attributes of a valid judgment until it is reversed or vacated"
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
People v. Weathington
231 Cal.App.3d 69 (Cal. Ct. App. 1991) Cited 39 times
Holding that § 23175 (DUI with prior) is a penalty provision where it "describes the conduct that constitutes the crime as ‘a violation of section 23152’ "
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,334 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 7,879 times 40 Legal Analyses
Granting this discretion to the Attorney General
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,272 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 28-1381 - [Effective ninety-one days after adjournment] Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; time limitation; violation; classification
Ariz. Rev. Stat. § 28-1381 Cited 323 times 1 Legal Analyses
Driving under the influence if impaired to the slightest degree
Section 1255a - Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence
8 U.S.C. § 1255a Cited 316 times
Establishing QDE's
Section 28-1383 - Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definitions
Ariz. Rev. Stat. § 28-1383 Cited 151 times
Defining the third offense as "aggravated driving under the influence"

In re Lopez-Meza

42 Cited authorities

Holding that defrauding the United States of tax on distilled spirits is a serious crime involving moral turpitude

Holding that § 1952 "imposes penalties upon any individual crossing state lines or using interstate facilities for any of the statutorily enumerated offenses"

Rejecting government's definition of provision authorizing deportation for multiple criminal convictions

Holding that “spousal abuse under section 273.5 is a crime of moral turpitude”

Holding that structuring financial transactions to avoid currency reports is not a crime of moral turpitude because, inter alia, "evil intent, such as intent to defraud is not necessarily an essential element of the crime"

Holding that Washington crime of "malicious mischief does not involve moral turpitude because its reach "extends to include pranksters with poor judgment"

Holding that a voidable judgment "is binding and enforceable and has all the ordinary attributes of a valid judgment until it is reversed or vacated"

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

Holding that § 23175 (DUI with prior) is a penalty provision where it "describes the conduct that constitutes the crime as ‘a violation of section 23152’ "

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting this discretion to the Attorney General

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Driving under the influence if impaired to the slightest degree

Establishing QDE's

Defining the third offense as "aggravated driving under the influence"