§
In re Marroquin

14 Cited authorities

  1. Lujan-Armendariz v. I.N.S.

    222 F.3d 728 (9th Cir. 2000)   Cited 137 times
    Finding "no occasion" to apply Chevron deference where the presumption against implied repeals resolved statutory ambiguity

  2. Murillo-Espinoza v. I.N.S.

    261 F.3d 771 (9th Cir. 2001)   Cited 94 times
    Holding that expungement of a state conviction does not eliminate immigration consequences of that conviction

  3. Ramirez-Castro v. I.N.S.

    287 F.3d 1172 (9th Cir. 2002)   Cited 85 times
    Holding that a conviction expunged in 1993 under California law retained its adverse immigration consequences

  4. Acosta v. Ashcroft

    341 F.3d 218 (3d Cir. 2003)   Cited 37 times
    Holding that state legislature cannot determine how the term "conviction" in the INA is to be construed

  5. U.S. v. Campbell

    167 F.3d 94 (2d Cir. 1999)   Cited 39 times
    Holding that whether person has been convicted of an aggravated felony within the language of 8 U.S.C. § 1326(b) "is necessarily . . . a question of federal, not state, law, despite the fact that the predicate offense and its punishment are defined by the law of the State"

  6. Vasquez-Velezmoro v. U.S.I.N.S.

    281 F.3d 693 (8th Cir. 2002)   Cited 29 times
    Holding that a person sentenced to ten years probation by a Texas court would not be eligible for FFOA relief, and "[t]his difference in sentences is a rational basis for treating petitioner differently from an alien whose conviction is expunged under the FFOA."

  7. Gill v. Ashcroft

    335 F.3d 574 (7th Cir. 2003)   Cited 26 times
    Rejecting Lujan-Armendariz's analysis and noting that every other court that has considered the subject has concluded that state law expungements "do not negate a `conviction' for purposes of immigration law"

  8. Adams v. County of Sacramento

    235 Cal.App.3d 872 (Cal. Ct. App. 1991)   Cited 33 times
    Comparing Kansas statute to California statute, and noting that expungement under Penal Code § 1203.4 "does not eviscerate a conviction or purge a defendant of the guilt established thereby"

  9. Garcia-Gonzales v. Immigration Nat. Service

    344 F.2d 804 (9th Cir. 1965)   Cited 46 times
    In Garcia-Gonzales v. Immigration Nat. Serv., 344 F.2d 804, 810 (9th Cir. 1965), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965), the Ninth Circuit noted "[W]e are aware that the Immigration and Naturalization Service has long held that a convicted person who has [received the benefit from expungement under California law]... cannot be deported under [section 241(a)(4)] of the Act."

  10. Meyer v. Board of Medical Examiners

    34 Cal.2d 62 (Cal. 1949)   Cited 41 times
    Holding that section 1203.4 does not bar use of the underlying conviction in professional disciplinary proceedings, and noting that the statute is "so qualified in its application [as to not] obliterate the record of conviction" for most purposes

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,778 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

  12. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  13. Section 3607 - Special probation and expungement procedures for drug possessors

    18 U.S.C. § 3607   Cited 404 times
    Permitting expungement of criminal records in enumerated drug possession cases

  14. 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 317 times
    Establishing QDE's