United States v. Nobriga, ___ F.3d ___ , 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1), did not categorically involve the "violent use of force," as required under Armed Career Criminal Act, 18 U.S.C. 921(a)(33)(A)(ii), since the offense of conviction does not necessarily require a "violent use of force").

United States v. Nobriga, ___ F.3d ___, 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1), did not involve the "violent use of force," as required under Armed Career Criminal Act, 18 U.S.C. 921(a)(33)(A)(ii), under a modified categorical analysis, since nothing in the record of conviction establishes that the defendant acted with a mental state greater than recklessness).

United States v. Nobriga, ___ F.3d ___, 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1), did not involve the "violent use of force," as required under Armed Career Criminal Act, 18 U.S.C. 921(a)(33)(A)(ii), under a modified categorical analysis, since nothing in the record of conviction establishes that the defendant acted with a mental state greater than recklessness).

The cases relating to the Jay Treaty and the laws implementing it for American Indians Born in Canada (INA 289) -which specifically except tribal members by adoption, or any who do not have the required 50% blood quantum - would be tangentially relevant.

California Health & Safety Code 11379(a) prohibits a number of different offenses, including transportation of a controlled substance. This offense does not have as an element any requirement that the transportation be for purposes of sale, and therefore encompasses transportation for personal use. Transportation for personal use is included within the definition of "nonviolent drug possession offense," for which charge a defendant is eligible for Prop. 36 no drug treatment and for which imposition of any custodial sentence is initially prohibited. California Penal Code 1210(a).

Persons born in Guam and the Northern Mariana Islands are United States Citizens. There are no more U.S. trust territories. The last one, the Trust Territory of the Pacific Islands (TTPI), evolved (some might say "devolved") into three "Freely Associated States" of the United States: the Republic of Belau (Palau), the Federated States of Micronesia (Yap, Chuuk/Truk, Pohnpei/Ponape, and Kosrae), and the Republic of the Marshall Islands (home to the Kwajelin missile range and Bikini Atoll) in the late 1970s or early 1980s.

Congress did not state in the new sex offender registration bar that state failure to register offenses that are analogous (or coextensive) with the federal offense also trigger deportation or other adverse immigration consequences. It specified that only convictions "under 18 USC 2250" would do so. Compare the aggravated felony definition, that expressly states analogous state convictions are included in the aggravated felony definition. The controlled substances deportation ground explicitly includes violations of "any law or regulation of a State . . . ." INA 237(a)(2)(B)(i).

Fernandez-Ruiz v. Gonzales, ___ F.3d ___ (9th Cir. October 26, 2006)(en banc) (Arizona conviction of domestic violence assault, in violation of Ariz. Rev. Stats. 13-1203(A)(1), 13-601 ["[i]ntentionally, knowingly, or recklessly causing any physical injury to another"], did not constitute a crime of violence under 18 U.S.C. 16(a), and is therefore not a domestic violence conviction, within the meaning of INA 237(a)(2)(E)(i), 8 U.S.C.

United States v. Young, ___ F.3d ___ (9th Cir. Aug. 17, 2006) (18 U.S.C. 922(g)(8)(A) makes it a federal offense to possess a firearm by one against whom a domestic violence restraining order has been issued "after a hearing of which such person received actual notice, and at which such person had an opportunity to participate" and there is no right to collaterally attack the constitutionality of the state court restraining order since those proceedings are immaterial except to the extent that the federal statute explicitly requires certain procedural protections).

Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona court order imposing a twelve-month sentence, for Arizona misdemeanor conviction of "theft by control of property with a value of $250 or more," in violation of A.R.S. 1301802(A)(1), (C), arguably would not constitute a one-year sentence imposed for removal purposes since the state at the time of sentence designated the conviction a misdemeanor, and under Arizona law the maximum term of imprisonment for a misdemeanor was then six months, see A.R.S.