Does a burglary conviction constitute an aggravated felony?
MultiRegion, United States of America
The following excerpt is from Nunes v. Ashcroft, 375 F.3d 810 (9th Cir. 2004):
In a motion for reconsideration, Nunes argued that his burglary conviction does not constitute an aggravated felony under the categorical approach that we adopted in Ye v. INS, 214 F.3d 1128, 1132 (9th Cir.2000), because he was not charged with (and California law does not require) illegal entry. The district court denied the motion for reconsideration on the grounds that Nunes had "fail[ed] to present new evidence, to identify a change in controlling law, or to identify any clear error."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What constitutes an aggravated felony under the Controlled Substances Act? (MultiRegion, United States of America)
What constitutes an aggravated felony for a possession of a controlled substance? (MultiRegion, United States of America)
Does a conviction under California Penal Code 273a(a) constitute a conviction for "a crime of child abuse, child neglect or child abandonment"? (MultiRegion, United States of America)
Does the Court have jurisdiction to review whether a criminal conviction under the INA is an aggravated felony? (MultiRegion, United States of America)
Is a criminal conviction a crime of violence and therefore an aggravated felony rendering an alien removable? (MultiRegion, United States of America)
Is a defendant's prior conviction for an aggravated felony a necessary element of 8.C. section 1326(b)(2) of the Criminal Code? (MultiRegion, United States of America)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
Does a lawful permanent resident have to be convicted of an aggravated felony? (MultiRegion, United States of America)
Does an aggravated felony conviction prior to deportation need to be a necessary element of the crime charged under section 1326(b)(2)? (MultiRegion, United States of America)
