United States Court of Appeals for the Fifth Circuit
624 F.3d 265 (2010)
Libby Bianco (plaintiff), a citizen of Venezuela and lawful permanent resident of the United States, was convicted of aggravated assault and possessing an instrument of crime in violation of Pennsylvania law. The assault was committed against Bianco’s husband. Subsequently, the Department of Homeland Security initiated proceedings to remove Bianco from the United States. The immigration judge held that Bianco had been convicted of domestic violence even though the Pennsylvania statute did not require a showing that the victim was Bianco’s spouse. In making his determination, the immigration judge utilized evidence from outside the record of the criminal proceeding to determine the relationship between Bianco and the victim being her husband. Bianco was ordered to be removed from the United States. The Board of Immigration Appeals (BIA) affirmed the order. Bianco filed a petition against Attorney General Eric Holder, Jr., (defendant) in the Fifth Circuit Court of Appeals to appeal the BIA’s decision.
Rule of Law
Holding and Reasoning (Southwick, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.