Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (Superseding amended opinion) (California offense of possession of a controlled substance, in violation of Health & Safety Code 11377(a), is a divisible statute, since some substances are federally listed and trigger deportation and removal, and others are not, so inadmissibility under INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II) must be assessed under the modified categorical analysis); Descamps v. United States, ___ U.S. ___, 133 S.Ct.
Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (Superseding amended opinion) (Where the minute order or other equally reliable document specifies that a defendant pleaded guilty to a particular count of a criminal complaint, the court may consider the facts alleged in the complaint.); citing Cabantac v. Holder, 736 F.3d 787, 793"94 (9th Cir.2013) (per curiam).
Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (superseding amended opinion) (granting petition for review, for violation of due process, where BIA failed to address petitioner's due process claims alleging ineffective assistance of counsel and bias by the immigration judge).
Matter of CCI, 26 I&N Dec. 375 (BIA 2014) (reopening of removal proceedings for a de novo hearing to consider termination of an aliens deferral of removal pursuant to 8 C.F.R. 1208.17(d)(1), is warranted where the Government presents evidence that was not considered at the previous hearing relevant to the possibility that the alien will be tortured in the country to which removal has been deferred).
http://www.justice.gov/eoir/vll/intdec/vol26/3810.pdf
The Immigrant Defense Projects and NIP-NLGs latest advisory is on Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014), in which the Board applied Moncrieffe and Descamps and withdrew from Matter of Lanferman. The advisory describes the holding of the case and its impact on the (1) minimum conduct test; (2) divisibility; (3) realistic probability standard; and (4) relief eligibility burden of proof. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm
In People v. Palmer, the California Supreme Court held that as part of a defendants change of plea, there is no invariable requirement that the defense stipulate to any specific document in order to establish a factual basis for the plea. It seems clear, under People v.
Mejia v. Holder, ___ F.3d ___, 2014 WL 2872220 (1st Cir. Jun.
Mayorga v. Attorney General U.S., ___ F.3d ___, 2014 WL 2898528 (3d Cir. Jun. 27, 2014) (federal conviction of unlicensed business of firearms dealing, in violation of 18 U.S.C. 922(a)(1)(A) and (a)(2), did not categorically constitute a crime of moral turpitude, since the offense is a regulatory/licensing offense); see Matter of Abreu"Semino, 12 I. & N. Dec. 775, 776 (BIA 1968) (the violation of a regulatory, or licensing, or revenue provision of a statute is not a crime involving moral turpitude).
Castillo v. U.S. Atty Gen., ___ F.3d ___, ___, 2014 WL 2915918 (11th Cir. Jun. 27, 2014) (aggravated felony conviction continues to trigger deportation, under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), even though the Georgia State Board of Pardons and Paroles had earlier pardoned noncitizen for the conviction that rendered him removable: Under the plain meaning of 1227(a)(2)(A)(vi), a pardon is only full when it restores the totality of rights abrogated by the underlying conviction.
Matter of Introcaso, 26 I. & N. Dec. 304 (BIA May 20, 2014) (petitioner bears the burden of proving whether an offense is specified offense against a minor; the categorical approach does not apply to this determination, and DHS can look into the underlying facts of a conviction, even where the elements of the criminal statute would not have supported a finding of ineligibility).