Opinion

Kawashima v. Holder

  • 615 F.3d 1043
  • 2010 WL 3025017
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 4, 2010
Status
Published
On the bench
Graber, O'Scannlain, Leavy, Callahan, Wardlaw, Paez
Cited by
22 cases
Authority
More cited than 88.7%

noting that the “BIA is not limited to only those documents which a court applying the modified categorical approach may review,” and remanding to the BIA so that it could determine, in the first instance, what evidence it may consider under the Nijhawan standard

How later courts described this case

  • noting that the “BIA is not limited to only those documents which a court applying the modified categorical approach may review,” and remanding to the BIA so that it could determine, in the first instance, what evidence it may consider under the Nijhawan standard
  • holding that unlike in criminal proceedings, “the BIA is not limited to only those documents which a court applying the modified categorical approach may review”
  • acknowledging that Nijhawan permits an inquiry beyond the four corners of the record of conviction
  • reconsidering initial opinion(s) in light of subsequent circuit and Supreme Court decisions

Written by the judges who cited it.

The opinion

Dissent to Order by Judge GRABER; Opinion by Judge O’SCANNLAIN.

ORDER

The opinion filed in this case on January 27, 2010, and published at 593 F.3d 979 , is withdrawn. A new opinion is filed contemporaneously with the filing of this order.

The panel has voted unanimously to deny the petition for rehearing. Judges O’Scannlain and Callahan have voted to deny the petition for rehearing en banc, and Judge Leavy has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing or petitions for rehearing en banc will be entertained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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