Capsule updates to CMT book

CRIMES OF MORAL TURPITUDE " CORPORAL INJURY OF A SPOUSE

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov.

CONVICTION " NATURE OF CONVICTION " RECORD OF CONVICTION "TESTIMONY BEFORE IMMIGRATION JUDGE

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (an alien's description of his crimes is not an acceptable source of evidence under the modified categorical approach.); see Sandoval"Lua v. Gonzales, 499 F.3d 1121, 1129 n. 7 (9th Cir. 2007) ([U]nder the modified categorical approach we may not consider ... testimony about the alien's criminal conduct.), abrogated on other grounds by Young v. Holder, 697 F.3d 976, 979 (9th Cir.2012) (en banc).

RELIEF " CONSULAR PROCESSING

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_i601a_w...
Nov. 20, 2014 DHS Memorandum directing USCIS to issue new regulations and policies on the use of the I-601A provisional waiver. Requests additional guidance on definition of "extreme hardship."

ADJUSTMENT OF STATUS " ADVANCED PAROLE

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabal...
Nov. 20, 2014 DHS Memorandum " departure on advanced parole is not a departure for purposes of INA 212(a)(9)(C)(i).

CRIMES OF MORAL TURPITUDE " REGULATORY OFFENSES " PRACTICE ADVISORY

Offenses classed as regulatory offenses generally are not considered to involve moral turpitude because although the behavior is illegal, there is nothing inherently wrong, fraudulent or evil about it. If it is not intrinsically wrong, the fact that it is illegal " standing alone -- does not make it turpitudinous. However, there are inconsistencies in the BIA case law. See Quintero-Salazar v. Keisler, 506 F.3d 688, 693 (9th Cir. 2007) (Where an act is only statutorily prohibited, rather than inherently wrong, the act generally will not involve moral turpitude.), citing Beltran-Tirado v.

RESOURCES " PRACTICE ADVISORIES " CATEGORICAL APPROACH

ILRC is pleased to release a new resource on how to identify new defenses using the categorical approach. See How to Use the Categorical Approach Now, available at
http://www.ilrc.org/trainings-webinars/recorded-webinars/the-categorical....

DETENTION " ALTERNATIVES

http://www.gao.gov/products/GAO-15-26
GAO report on ICE Alternatives to Detention (ATD) program, which increased its enrollment from 32,065 in FY2011 to 40,864 in FY2013.

LEGISLATION " EXECUTIVE ACTION " CRIME BARS

Please see this new Advisory on DAPA crimes bars, by ILRC and NIPNLG.
While the Advisory is written for criminal defenders, it includes a lot of information useful to immigration advocates. An additional Advisory for immigration practitioners is in the works. See www.nipnlg.org or see:
http://www.ilrc.org/files/documents/ar-dapa-criminal-defender-advisory-1...

CATEGORICAL ANALYSIS " MINIMUM CONDUCT " REALISTIC PROBABILITY

AILA Amicus Brief on Controlled Substances Convictions
http://www.aila.org/content/default.aspx?docid=50585
AILA amicus brief filed with the Supreme Court urging the Court to reject improper application of the realistic probability test in controlled substances context.

PRACTICE ADVISORY " CATEGORICAL APPROACH " REALISTIC PROBABILITY OF PROSECUTION

NIPNLGs and Immigrant Defense Projects latest advisory on Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), and the realistic probability test. This practice advisory assesses the current state of the federal court and agency case law on the realistic probability standard, and provides practice tips and litigation strategies for meeting this standard. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm

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