1. Home
  2. Browse Decisions
  3. F.3d
  4. 551 F.3d
  5. 551 F.3d 113 (2008)
 

MARTINEZ v. MUKASEY

Docket No. 07-3031-ag.

551 F.3d 113 (2008)

Elvis MARTINEZ, Petitioner, v. Michael MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 18, 2008.

Attorney(s) appearing for the Case

Matthew L. Guadagno (Jules E. Coven & Kerry W. Bretz, on the brief), Bretz & Coven, New York, N.Y., for Petitioner.

Michael C. Heyse, Trial Attorney, Office of Immigration Litigation, for Jeffrey S. Bucholtz, Assistant Attorney General, Civil Division, Washington, D.C., for Respondent.

Alina Das & Manuel Vargas, New York State Defenders Association, New York, N.Y.; Nancy Morawetz, Washington Square Legal Services, New York, N.Y., Amicus Curiae in Support of Petitioner.

Before: WINTER, NEWMAN, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Petitioner, Elvis Martinez, was convicted of two state drug offenses for distribution of a small quantity of marihuana.2 The question before us is whether, under Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006), these state convictions are "aggravated felonies" under the INA. To determine whether the state convictions count as aggravated felonies, we must decide whether they are the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases