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).

United States v. Almazan-Becerra, 456 F.3d 949 (9th Cir. Aug. 1, 2006) (California conviction of transportation of methamphetamines, in violation of Health & Safety Code 11379(a), did not constitute a drug trafficking conviction for purposes of triggering a 12-level enhancement of illegal reentry sentence under USSG 2L1.2(b)(1)(B), because transportation can be committed for personal use only, and there is no commercial element to the conviction), following United States v. Navidad-Marcos, 367 F.3d 903, 908 (9th Cir. 2004), and United States v.

Bobb v. Atty Gen. of the United States, __ F.3d __ (9th Cir. Aug. 3, 2006) (the DHS is not required to charge noncitizens under the aggravated felony category that best describes the offense of conviction; DHS can charge under any category as long as the offense falls within that category), but see Nugent v. Ashcroft, 367 F.3d 162 (3d Cir. 2004) [offense that is both fraud and theft must meet both sentence and loss requirements].
http://caselaw.lp.findlaw.com/data2/circs/3rd/052891p.pdf

United States v. Hernandez-Garduno, __ F.3d __ (10th Cir. Aug. 21, 2006) (although labeled by Colorado state, conviction of a "misdemeanor" punishable by a maximum of 18 months imprisonment is a "felony" for purposes of illegal re-entry sentencing enhancement that requires conviction of a "felony" crime of violence).

United States v. Hernandez-Garduno, __ F.3d __ (10th Cir. Aug. 21, 2006) (Colorado assault conviction, in violation of Colo. Rev. Stat. 18-3-204, is not categorically a crime of violence for illegal re-entry sentencing purposes).
http://laws.lp.findlaw.com/10th/042224.html

Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction of aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C), defined as intentional physical contact with a deadly weapon in a rude, insulting or angry manner defines a crime which is categorically a "crime of violence," under 18 U.S.C. 16(b) and thus an aggravated felony for removal purposes).

Recent federal circuit decisions conclude that mere recklessness is an insufficient intent to constitute a crime of violence, under the reasoning of Leocal. E.g., Singh v. Gonzales, 432 F.3d 533, 2005 WL 3579002 (3d Cir. Jan. 3, 2006); Tran v. Gonzales, 414 F.3d 464, 2005 WL 1620320 (3d Cir. Jul. 12, 2005); Oyebanji v. Gonzales, 418 F.3d 260 (3d Cir. Aug. 11, 2005); Bejarano-Urrutia v. Gonzales, 413 F.3d 444 (4th Cir. Jul. 5, 2005); United States v. Perez-Vargas, 414 F.3d 1282 (10th Cir. 2005); Popal v. Gonzales, 416 F.3d 249, 2005 WL 1791198 (3d Cir. Jul. 29, 2005); see also Lara-Cazares v.

[Thanks to Stacy Tolchin] President Bush, on 7/27/06, signed into law the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472; PL 109-248). Drafted to strengthen penalties against child predators, the Act also bars convicted sex offenders from having family-based petitions approved and makes failure to register as a sex offender a deportable offense. Specifically, section 402 bars all U.S.

A Minnesota petty misdemeanor not a "misdemeanor" as defined for TPS, under 8 CFR 244.1 [offenses that are punishable by imprisonment for a term of five days or less shall not be considered a felony or misdemeanor], because the court may not impose a sentence of five days in jail for this type of offense.



Minnesota law divides all offenses into the following categories: (1) petty misdemeanors; (2) misdemeanors; (3) gross misdemeanors; and, (4) felonies.