Matter of Robles, 24 I. & N. Dec. 22 (BIA Sept. 27, 2006) (federal conviction of misprison of a felony, in violation of 18 U.S.C. 4, constitutes crime of moral turpitude, since mere failure to report an offense is insufficient; offense requires affirmative conduct of concealment, contrary to the duties owed to society; "evil intent" is implicit in statutory requirement that offender take affirmative step to conceal a felony from the proper authorities).



This decision is very badly reasoned, for the reasons given in the dissent in Navarro-Lopez v. Gonzales, 455 F.3d 1055 (9th Cir.

Moosa v. INS, 171 F.3d 994 (5th Cir. 1999) ("Moosa maintains that taking away the finality requirement would lead to absurd results, such as an alien being deported when his conviction is on appeal, but the conviction later being reversed. As discussed, that is not the case here. Be that as it may, such concerns are more properly addressed to Congress.").

United States v. Baza-Martinez, ___ F.3d ___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (North Carolina conviction of taking indecent liberties with a child, in violation of N.C.G.S.

Joseph v. Attorney General of U.S., ___ F.3d ___, 2006 WL 2796256 (3d Cir. Oct. 2, 2006) (federal conviction of importing a firearm into a state, in violation of 18 U.S.C. 922(a)(3), does not constitute an "aggravated felony" of "illicit trafficking in firearms" under INA 101(a)(43)(C) and 237(a)(2)(A)(iii), 8 U.S.C. 1101(a)(43)(C), 1227(a)(2)(A)(iii), because 922(a)(3) does not include a "trafficking element").

National Juvenile Defender Center has recently updated their Juvenile Delinquency Notebook, available here: http://www.njdc.info/publications.php

USCIS memo on new sex-registration ground of deportation at:
http://www.uscis.gov/graphics/lawsregs/handbook/AdamWalshAct072806.pdf

Matter of O'Cealleagh, 23 I. & N. Dec. 976 (BIA 2006) ("purely political offense" exception to CMT ground of inadmissibility under INA 212(a)(2)(A)(i)(I) must be determined to have been completely/totally political in view of the totality of the circumstances).



The BIA noted three possible definitions of "political offense":



One sort, which the respondent essentially contends is applicable to his conviction, involves baseless, trumped-up, or fabricated charges.

Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction for domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime of violence" within the meaning of 18 U.S.C. 16(a) or (b), and is thus not a "crime of domestic violence" under INA 237(a)(2)(E)(i)), following Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).

Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction for domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime of violence" within the meaning of 18 U.S.C. 16(a) or (b), and is thus not a "crime of domestic violence" under INA 237(a)(2)(E)(i)), following Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).

Congress knows how to include adjudications of juvenile delinquency when it wishes to do so.