Capsule-updates for SH (Safe Havens)

SAFE HAVEN " CARRYING A CONCEALED FIREARM CRIM DEF " FIREARMS OFFENSES " DEFINITION OF FIREARM

A plea to carrying a concealed firearm on the person, in violation of Pen C 25400(a)(2), should not be considered a crime of moral turpitude, a firearms conviction, or an aggravated felony, as a ground of deportation, inadmissibility, or even for relief purposes such as cancellation of removal. United States v. Aguilera"Rios, 754 F.3d 1105, 1112 (9th Cir. 2014); Matter of Chairez, 26 I&N Dec. 349, 35558 (BIA 2014).

CRIMES OF MORAL TURPIUTDE " SEX OFFENDER REGISTRATION

Mohamed v. Holder, 769 F.3d 885 (4th Cir. Oct. 17, 2014) (Virgina conviction for violation of VaCodeAnn. 18.2-472.1, failure to register as a sex offender, is not a crime involving moral turpitude for immigration purposes, since it is merely a regulatory offense), disagreeing with Matter of Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007).

SAFE HAVENS " FEDERAL " DELIVERY OF FALSE WRITING AS TRUE

18 U.S.C. 1018 (Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this title or imprisoned not more than one year, or both.). (June 25, 1948, c. 645, 62 Stat. 753; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, 330016(1)(G), 108 Stat. 2147.) 1994 Amendments. Pub.L.

SAFE HAVEN " CRIME INVOLVING MORAL TURPITUDE " UNAUTHORIZED MANUFACTURE OR POSSESSION OF U.S. IDENTIFICATION CARD

United States v. Jackson, ___ F.3d ___, 2014 WL 2747193 (9th Cir. Jun. 18, 2014) (reversing federal misdemeanor conviction for unlawfully manufacturing a U.S. identification card, in violation of 18 U.S.C.

SAFE HAVENS " AGGRAVATED FELONIES " FRAUD OFFENSES " MORTGAGE FRAUD

12 U.S.C. 2607(b) and (d)(1) prohibit accepting an illegal fee or aiding and abetting such receipt.

12 U.S.C.

AGGRAVATED FELONY " THEFT " RECEIPT OF STOLEN PROPERTY

Matter of Sierra, 26 I&N Dec. 288 (BIA 2014) (Nevada conviction for violation of NRS 193.330, 205.273, possession of a stolen vehicle, is not a categorical aggravated felony theft offense under INA 101(a)(43)(G), for immigration purposes, since the statute only requires reason to believe that the property received was stolen, but the generic definition of receipt of stolen property applicable to the aggravated felony definition requires knowledge).

AGGRAVATED FELONY " CRIME OF VIOLENCE " SEXUAL CONDUCT WITH A MINOR

United States v. Gomez, __ F.3d __, 2014 WL 1623725 (9th Cir. Apr. 24, 2014) (Arizona conviction for violation of ARS 13-405, sexual conduct with a minor under the age of fifteen, is not necessarily a crime of violence, as sexual abuse of a minor, for illegal re-entry sentencing purposes, under current law), applying tests of Estrada"Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008).

CRIMES OF MORAL TURPITUDE " ORAL COPULATION WITH A MINOR

People v. Zuniga, 225 Cal.App.4th 1178, 170 Cal.Rptr.3d 811 (Cal.App. 4 Dist., Apr. 28, 2014) (California conviction of violating Penal Code 288a(b)(1), oral copulation with a minor, is not a crime of moral turpitude since there is no scienter requirement or age gap required and minor could be any person under 18).

CRIMES OF MORAL TURPITUDE " FELONY FALSE IMPRISONMENT

Turijan v. Holder, 744 F.3d 617 (9th Cir. Mar. 10, 2014) (California conviction of felony false imprisonment, in violation of Penal Code 236, 237 [deprivation of liberty of another by violence or menace], was not a categorical crime of moral turpitude, because it does not require the intent to injure, actual injury, or a protected class of victim, and California courts have applied the statute to conduct that is not morally turpitudinous); following Castrijon"Garcia v. Holder, 704 F.3d 1205, 1218 (9th Cir.

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