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No. 8646290
United States Court of Appeals for the Ninth Circuit
Mendoza v. Mukasey
No. 8646290 · Decided December 18, 2007
No. 8646290·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 18, 2007
Citation
No. 8646290
Disposition
See opinion text.
Full Opinion
MEMORANDUM * Although Flores Mendoza admitted that he possessed and used cocaine at his removal hearing, BIA precedent requires that the alien be provided with all of the essential elements of the crime and that the crime must be explained in understandable terms prior to the admission. Matter of K, 7 I. & N. Dec. 594 , 597 (BIA 1957). The record is devoid of any evidence that Flores Mendoza received the required definition. On this record, Flores Mendoza qualifies for adjustment of status. PETITION FOR REVIEW GRANTED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM * Although Flores Mendoza admitted that he possessed and used cocaine at his removal hearing, BIA precedent requires that the alien be provided with all of the essential elements of the crime and that the crime must be explained
Key Points
01MEMORANDUM * Although Flores Mendoza admitted that he possessed and used cocaine at his removal hearing, BIA precedent requires that the alien be provided with all of the essential elements of the crime and that the crime must be explained
02The record is devoid of any evidence that Flores Mendoza received the required definition.
03On this record, Flores Mendoza qualifies for adjustment of status.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM * Although Flores Mendoza admitted that he possessed and used cocaine at his removal hearing, BIA precedent requires that the alien be provided with all of the essential elements of the crime and that the crime must be explained
FlawCheck shows no negative treatment for Mendoza v. Mukasey in the current circuit citation data.
This case was decided on December 18, 2007.
Use the citation No. 8646290 and verify it against the official reporter before filing.