Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime?
MultiRegion, United States of America
The following excerpt is from Olivera-Garcia v. I.N.S., 328 F.3d 1083 (9th Cir. 2003):
Although section 1252(a)(2)(C) of Title 8 deprives us of jurisdiction to review removal orders based on an alien's conviction of the crimes there specified, we are authorized indeed, required to determine our own jurisdiction. Aragon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000). In this case our jurisdiction depends upon whether the crime upon which the alien's removal is based is one that section 1227(a)(2) covers. See 8 U.S.C. 1252(a)(2)(C) (2000).
"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
Can a federal judge order an expedited removal order based on a claim that an alien was wrongfully deprived of administrative review? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
What jurisdiction does the Court have to review a final order of removal of an "alien" who has been convicted of a controlled substance offence? (MultiRegion, United States of America)
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)
Is a criminal conviction final for purposes of immigration review if the alien has exhausted or waived direct appellate review? (MultiRegion, United States of America)
Does section 1182(a)(2)(A)(i) of the Immigration Code bar an alien convicted of a crime involving moral turpitude? (MultiRegion, United States of America)
What is the scope of section 1252(e)(2) of the Immigration and Customs Enforcement Act, which, if any, limits judicial review to "whether or not the petitioner is an alien"? (MultiRegion, United States of America)
Does section 1252(i) of the Immigration and Customs Code apply to an alien who has been convicted of a criminal offence? (MultiRegion, United States of America)
What is the test for an illegal immigrant to be convicted of a charge under section 1326(a)(2) of the Immigration Code of Civil Procedure? (MultiRegion, United States of America)
