Case Citator › Afridi v. Gonzales

Afridi v. Gonzales

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
442 F.3d 1212
Decided
Confirmed treatments
1
Flagged citations read
49 of 49
Citing cases (total)
49
Treatment dates
2008
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part: the Ninth Circuit sitting en banc rejected Afridi v. Gonzales's ruling that a conviction under California Penal Code § 261.5(c) categorically constitutes sexual abuse of a minor. All 49 flagged citations have been read.
More on how this was screened

Later courts continue to cite Afridi's separate rules on review of legal standards and case specific particularly serious crime determinations. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

49 later cases cite Afridi v. Gonzales; 49 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Afridi v. Gonzales?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc court expressly overruled Afridi's categorical classification of a conviction under California Penal Code § 261.5(c) as sexual abuse of a minor.

    Estrada-Espinoza v. Mukasey · Ninth Circuit, en banc · filed

    In so holding we necessarily overrule Afridi v. Gonzales, 442 F.3d 1212 (9th Cir.2006), which held that California Penal Code § 261.5(c) categorically constitutes “sexual abuse of a minor.”
    Read the full opinion on CourtListener →

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