Capsule updates to CMT book

CRIME OF MORAL TURPITUDE " DOMESTIC VIOLENCE " CORPORAL INJURY

Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (California conviction of corporal injury of a person with a present or former listed domestic relationship, in violation of Penal Code 273.5 is not categorically a crime of moral turpitude, because the listed relationships can cover persons such as former dates, who are not protected by domestic violence laws).

CITIZENSHIP " DERIVATIVE CITIZENSHIP

Matter of Douglas, 26 I&N Dec. 197 (BIA 2013) (a child who has satisfied the conditions of former section INA 321(a) before turning 18 has acquired United States citizenship, regardless of whether the naturalized parent acquired legal custody of the child before or after the naturalization).

Note that the BIA refused to follow Jordon v. Attorney General of U.S., 424 F.3d
320 (3d Cir. 2005).

CATEGORICAL ANALYIS " DIVISIBLE STATUTE ANALYSIS " FIREARMS OFFENSES

United States v. Royal, 731 F.3d 333 (4th Cir. Oct. 1, 2013) (in federal conviction for possession of ammunition by an ex-felon, in violation of 18 U.S.C. 922(g)(1), defendant has burden of establishing as affirmative defense that bullets in question were designed exclusively for use in antique firearms).

CONVICTION " NATURE OF CONVICTION -- CATEGORICAL ANALYSIS " DIVISIBLE STATUTE " ELEMENTS VS. MEANS OF COMMITTING

United States v. Cabrera-Umanzor, 728 F.3d 347, 352 (4th Cir. Aug. 26, 2013) (the inclusion in Maryland offense of causing abuse to a child, under Md. Code, art. 27, 35C, of a nonexclusive list of possible ways of satisfying the elements of the offense does not thereby become a divisible statute, where the list is not composed of elements of the offense).

The court reasoned:

The government insists, however, that 35C is divisible. As the government notes, 35C defines sexual abuse to include sexual offense in any degree. See Md.Code, art.

CRIMES OF MORAL TURPITUDE " COUNTERFEITING " TRAFFICKING IN UNLAWFUL IDENTIFICATION DOCUMENTS

Yeremin v. Holder, 738 F.3d 708 (6th Cir. Apr. 16, 2013) (federal conviction of one count of violating 18 U.S.C. 1028(f), for conspiracy to traffic in identification documents in violation of 18 U.S.C.

MOTION TO REOPEN " ILLEGAL REENTRY AFTER REMOVAL PERMANENTLY BARS REOPENING

Cordova-Soto v. Holder, 732 F.3d 789 (7th Cir. Oct. 15, 2013) (illegal reentry after 2005 removal, despite several procedural errors, permanently bars reopening that earlier removal order); citing 8 U.S.C. 1231(a)(5).

RELIEF " WAIVERS " 212(h) WAIVER OF INADMISSIBILITY " AGGRAVATED FELONY BAR

Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. Jan. 21, 2014) (the aggravated felony bar to a waiver of inadmissibility under INA 212(h) for a noncitizen previously admitted to the US as a LPR does not apply to someone who adjusted status without leaving the United States: only non-citizens who entered the United States as lawful permanent residents are barred from eligibility to apply for waiver).

DETENTION " MANDATORY DETENTION " DETENTION CAN BE NO LONGER THAN SIX MONTHS WITHOUT HEARING

Rodriguez v. Robbins, 715 F.3d 1127, 1133 (9th Cir. 2013) (mandatory immigration detention pursuant to INA 236(c) detention is limited to six months; anything longer without an individualized hearing is presumptively unreasonable); Diop v. ICE/Homeland Security, 656 F.3d 221, 234 (3d Cir. 2011) (individualized hearing required to determine what is reasonable in a given case); Ly v. Hansen, 351 F.3d 263, 272 (6th Cir. 2003); Bourguignon v. MacDonald, 667 F. Supp. 2d 175 (D. Mass. 2009).

JUDICIAL REVIEW -- EXPEDITED REMOVAL " HABEAS CORPUS " CUSTODY REQUIREMENT REMOVAL PROCEEDINGS -- EXPEDITED REMOVAL " HABEAS CORPUS " CUSTODY REQUIREMENT

Smith v. U.S. Customs and Border Protection, 741 F.3d 1016 (9th Cir. Jan. 9, 2014) (affirming district courts denial of government's motion to dismiss habeas corpus action for lack of jurisdiction, since alien was not in custody, as required for federal jurisdiction over his 2241 habeas petition, and alien was ordered removed under the expedited removal statute, and thus was not entitled to hearing under statute providing for limited habeas review of expedited removal orders).

JUDICIAL REVIEW " PETITION FOR REVIEW " GOVERNMENT WAIVER OF ARGUMENT BY FAILURE TO RESPOND

United States v. Caceres-Olla, 738 F.3d 1051 (9th Cir. Dec. 23, 2013) (by failing to respond to petitioners argument before the court of appeals that a conviction did not constitute a sexual abuse of a minor aggravated felony, the government waived reliance on that crime of violence theory); citing United States v. Castillo"Marin, 684 F.3d 914, 919 (9th Cir. 2012).

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