Matter of Ahortalejo-Guzman

8 Cited authorities

Jean-Louis v. Att'y Gen. U.S.
582 F.3d 462 (3d Cir. 2009) Cited 81 times 1 Legal Analyses
Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"
Garcia v. Attorney General of U.S.
329 F.3d 1217 (11th Cir. 2003) Cited 60 times
Holding alien's due process claim based on counsel's ineffective assistance in preparing application for waiver of excludability lacked merit because such waiver, "while guided by interpretive decisions, remains a purely discretionary form of relief"
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”
Pichardo v. I.N.S.
104 F.3d 756 (5th Cir. 1997) Cited 39 times
Holding specifically that a conviction under 18 Pa. Cons. Stat. § 2702—the same provision at issue here—is a crime involving moral turpitude
Mata-Guerrero v. Holder
627 F.3d 256 (7th Cir. 2010) Cited 18 times 1 Legal Analyses
Granting alien's petition for review “[b]ecause the Attorney General's determination of the appropriate methodology is controlling, and because the Board did not use that methodology in Mata–Guerrero's case”
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,900 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,024 times 41 Legal Analyses
Granting this discretion to the Attorney General
Section 1229b - Cancellation of removal; adjustment of status
8 U.S.C. § 1229b Cited 5,200 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”

Matter of Ahortalejo-Guzman

8 Cited authorities

Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"

Holding alien's due process claim based on counsel's ineffective assistance in preparing application for waiver of excludability lacked merit because such waiver, "while guided by interpretive decisions, remains a purely discretionary form of relief"

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

Holding specifically that a conviction under 18 Pa. Cons. Stat. § 2702—the same provision at issue here—is a crime involving moral turpitude

Granting alien's petition for review “[b]ecause the Attorney General's determination of the appropriate methodology is controlling, and because the Board did not use that methodology in Mata–Guerrero's case”

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

Granting this discretion to the Attorney General

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”