DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051053P.pdf 04/02/2007 Tomas Tostado v. Ken Carlson
U.S. Court of Appeals Case No: 05-1053
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Heaney and Benton, Circuit Judges]
Immigration - Real ID Act. Based on the Supreme Court's recent
decision of Lopez v. Gonzalez, 127 S.Ct. 625 (2006), Tostado's state-law
convictions for possession of marijuana and cocaine were not aggravated
felonies for purposes of the Immigration and Naturalization Act; order
denying Tostado's application for cancellation of removal is reversed
and remanded for further proceedings.
051053P.pdf 02/03/2006 Tomas Tostado v. Ken Carlson
U.S. Court of Appeals Case No: 05-1053
Eastern District of Missouri
[PUBLISHED] [Smith, Author, with Heaney and Benton, Circuit Judges]
Prisoner case - habeas. Pursuant to the provisions of the REAL ID Act,
court would treat habeas petition as a petition for review of an
immigration decision; BIA did not err in determining that Tostado's state
court conviction for possession of marijuana and cocaine was an
aggravated felony for purposes of the Immigration and Naturalization
Act.