Capsule updates to CMT book

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

GOOD MORAL CHARACTER " 180-DAY CONFINEMENT " EFFECT OF SENTENCE REDUCTION

AILA Amicus Brief on Statutory Bar to Good Moral Character
http://www.aila.org/content/default.aspx?docid=50582
AILA amicus brief filed with the Tenth Circuit arguing that a sentence reduction is entitled to full faith and credit for purposes of calculating the 180-day confinement period found in the statutory bar to good moral character at INA 101(f).

MOTION TO REOPEN " NONCITIZEN WITH FINAL ORDER MAY MOVE TO REOPEN TO PURSUE ADJUSTMENT OF STATUS

Singh v. Holder, __ F.3d __ (9th Cir. Nov. 13, 2014) (BIA has jurisdiction to reopen removal proceedings to allow noncitizen to pursue adjustment of status under 8 C.F.R. 1003.2(a)), declining to follow Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009).

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Guzman v. Attorney General U.S., 770 F.3d 1077 (3d Cir. Nov. 3, 2014) (the stop-time rule, as enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104"208, div. C., 110 Stat. 3009 (1996) (IIRIRA) (effective April 1, 1997), codified at INA 240A(d)(1), 8 U.S.C.

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Jaghoori v. Holder, 772 F.3d 764 (4th Cir. Nov. 18, 2014) (stop-time rule for cancellation of removal does not apply retroactively against convictions where offense and guilty plea occurred before April 1, 1997, the effective date of the legislation by which Congress promulgated the rule in INA 240A(d)(1)(B), 8 U.S.C.

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