Supreme Court Grants Cert in Immigration Case

SCOTUS BLOG (click here) reports that the Supreme Court granted cert in a case testing whether an alien living in the U.S. can be deported after being found guilty of a crime that could include a verdict of aiding and abetting (Gonzales v. Duenas-Alvarez, 05-1629). To see the U.S. government’s cert petition, click here.

QUESTION PRESENTED (c/o Dan Kowalski):  Whether a “theft offense,” which is an “aggravated felony” under the Immigration and Nationality Act, 8 U.S.C. 1101(a)(43)(G), includes aiding and abetting. The cases at issue are: Penuliar v. Ashcroft, 435 F.3d 961 (9th Cir. 2005), amended, 435 F.3d 961 (9th Cir. 2006) Martinez-Perez v. Ashcroft, 393 F.3d 1018, 1028 (9th Cir. 2004) United States v. Hathaway, 949 F.2d 609 (2d Cir. 1991), (per curiam), cert. denied, 502 U.S. 1119 (1992) United States v. Groce, 999 F.2d 1189 (7th Cir. 1993) United States v. Mitchell, 23 F.3d 1 (1st Cir. 1994) (per curiam) United States v. Baca-Valenzuela, 118 F.3d 1223 (8th Cir. 1997).

KJ