In re Aguilar-Mendez

18 Cited authorities

Moncrieffe v. Holder
569 U.S. 184 (2013) Cited 1,384 times 15 Legal Analyses
Holding that sharing marijuana not an aggravated felony
Karingithi v. Whitaker
913 F.3d 1158 (9th Cir. 2019) Cited 361 times
Holding that Pereira's analysis is "distinct from the jurisdictional question" at issue
LaChance v. Erickson
522 U.S. 262 (1998) Cited 209 times
Holding due process requires notice and meaningful opportunity to be heard
Fermin v. Barr
958 F.3d 887 (9th Cir. 2020) Cited 251 times
Holding that "the lack of time, date, and place" in a notice to appear "did not deprive the immigration court of jurisdiction" when that information was subsequently provided and permitted an appearance
Marmolejo-Campos v. Holder
558 F.3d 903 (9th Cir. 2009) Cited 190 times 2 Legal Analyses
Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions
Karingithi v. Barr
140 S. Ct. 1106 (2020) Cited 9 times
No. 19-475 02-24-2020 Serah Njoki KARINGITHI, Petitioner, v. William P. BARR, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Gomez-Velazco v. Sessions
879 F.3d 989 (9th Cir. 2018) Cited 54 times
Contrasting removal, i.e. merits, hearings from other interactions an immigrant may have with government agents
Safaryan v. Barr
975 F.3d 976 (9th Cir. 2020) Cited 27 times
In Safaryan v. Barr, 975 F.3d 976, 979 (9th Cir. 2020), for example, we considered whether a published BIA decision holding that a violation of California Penal Code § 245(a)(1) is a crime involving moral turpitude was entitled to Chevron deference.
United States v. Bastide-Hernandez
986 F.3d 1245 (9th Cir. 2021) Cited 16 times
In Bastide-Hernandez, we recently clarified that Karingithi and Aguilar Fermin compel the conclusion that "the jurisdiction of the immigration court vests upon the filing of an NTA, even one that does not at that time inform the alien of the time, date, and location of the hearing."
People v. Drayton
42 Cal.App.5th 612 (Cal. Ct. App. 2019) Cited 14 times
A155725 11-22-2019 The PEOPLE, Plaintiff and Respondent, v. Anthony Ray DRAYTON, Jr., Defendant and Appellant. Audrey R. Chavez, San Francisco, By Appointment of the First District Court of Appeal under the First District Appellate Project, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald R. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, and Arthur P. Beever, Deputy Attorney
Section 245 - Assault with deadly weapon or instrument other than firearm; assault with firearm; assault with machinegun; assault by means of force likely to produce great bodily injury; assault with semiautomatic firearm
Cal. Pen. Code § 245 Cited 19,172 times 4 Legal Analyses
Prohibiting an assault by "any means of force likely to produce great bodily injury"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,951 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,213 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”
Section 240 - Assault
Cal. Pen. Code § 240 Cited 2,050 times 1 Legal Analyses
Defining "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"
Section 1229c - Voluntary departure
8 U.S.C. § 1229c Cited 1,021 times
Imposing statutory penalties for failure to depart
Section 1240.8 - Burdens of proof in removal proceedings
8 C.F.R. § 1240.8 Cited 312 times 4 Legal Analyses
Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

In re Aguilar-Mendez

18 Cited authorities

Holding that sharing marijuana not an aggravated felony

Holding that Pereira's analysis is "distinct from the jurisdictional question" at issue

Holding due process requires notice and meaningful opportunity to be heard

Holding that "the lack of time, date, and place" in a notice to appear "did not deprive the immigration court of jurisdiction" when that information was subsequently provided and permitted an appearance

Holding that Chevron deference applies to published decisions but Skidmore deference applies to unpublished decisions

Contrasting removal, i.e. merits, hearings from other interactions an immigrant may have with government agents

In Safaryan v. Barr, 975 F.3d 976, 979 (9th Cir. 2020), for example, we considered whether a published BIA decision holding that a violation of California Penal Code § 245(a)(1) is a crime involving moral turpitude was entitled to Chevron deference.

In Bastide-Hernandez, we recently clarified that Karingithi and Aguilar Fermin compel the conclusion that "the jurisdiction of the immigration court vests upon the filing of an NTA, even one that does not at that time inform the alien of the time, date, and location of the hearing."

Prohibiting an assault by "any means of force likely to produce great bodily injury"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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”

Defining "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"

Imposing statutory penalties for failure to depart

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"