CRIME OF MORAL TURPITUDE - DEPORTABILITY - DATE OF ADMISSION INCLUDES DATE OF ADJUSTMENT OF STATUS
Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), vacated by Aremu v. Dept. of Homeland Security, 450 F.3d 578 (4th Cir. 2006) (phrase "date of admission" in INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i) (2000), refers to, among other things, the date on which a previously admitted alien is lawfully admitted for permanent residence by means of adjustment of status), overruled by Aremu v. DHS, 450 F.3d 578 (4th Cir. Jun. 19, 2006).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3513.pdf
IMMIGRATION CONSEQUENCES - DEPORTATION - FIVE YEAR PERIOD AFTER ADMISSION APPLIES TO ANY ADMISSION INCLUDING ADJUSTMENT OF STATUS, NOT MERELY FIRST ADMISSION
Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005) (noncitizen convicted of a single crime involving moral turpitude punishable by at least one year is removable from the United States under INA 237(a)(2)(A)(i) if the crime was committed within five years after the date of any admission, whether the first or any later admission), overruled by Aremu v. DHS, 450 F.3d 578 (4th Cir. Jun. 19, 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3513.pdf
AGGRAVATED FELONY - ATTEMPT - INDECENT SOLICITATION OF A CHILD CONSTITUTED ATTEMPTED SEXUAL ABUSE OF A MINOR
Hernandez-Alvarez v. Gonzales, ___ F.3d ___, 2005 WL 3534204 (7th Cir. Dec. 28, 2005) (Illinois conviction of indecent solicitation of a child, in violation of 720 ILCS 5/11-6(a)(2000), constituted sexual abuse of a minor aggravated felony, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for deportation purposes even though the person solicited was an adult police officer rather than a minor), following Gattem v. Gonzales, 412 F.3d 758 (7th Cir. 2005).
CRIM DEF - SENTENCE - PROBATION VIOLATION
Where a defendant has previously received a sentence of 364 days in custody for an offense that would be an aggravated felony with a one-year sentence imposed, any additional custodial sentence imposed as a result of a probation violation would be added to the original sentence and would transform the conviction into an aggravated felony. Defense counsel at the probation violation plea bargaining and sentencing stages should: (1) Ask the court to vacate the original probation condition imposing the custodial sentence of 364 days;
AGGRAVATED FELONY - SENTENCE - SENTENCE TO PROBATION IS NOT IN EXCESS OF ONE YEAR FOR AGGRAVATED FELONY PURPOSES ILLEGAL REENTRY - SENTENCING
United States v. Gonzalez-Coronado, ___ F.3d ___, 2005 WL 1941631 (10th Cir. Aug. 15, 2005) (sentence directly to probation is not a sentence in excess of one year, for purposes of aggravated felony crime of violence; despite district court error in enhancing sentence based upon aggravated felony conviction, resentencing is not necessary where defendant would have received equivalent increase because offense is a felony).
CONVICTION - ADJOURNMENT IN CONTEMPLATION OF DISMISSAL - NEW YORK
The New York State Defenders Association's Immigrant Defense Project mentioned by Sophie Feal has call in hours on Tuesdays and Thursdays and will very kindly walk you through any New York crimmimm issues. Defense lawyers and others (including immigrants themselves) seeking backup support or counseling on criminal/immigration law issues should contact the Project on Tuesdays and Thursdays from 1:30 p.m. to 4:30 p.m. at (212) 898-4132, or write to the Project at 2 Washington Street, 7 North, New York, NY 10004.
AGGRAVATED FELONY - CONVICTION - YOUTHFUL TRAINEE
Uritsky v. Gonzales, __ F.3d __, 2005 WL 517526 (6th Cir. March 7, 2005) (sentence of probation and a designation of "youthful trainee" under Michigan's Holmes Youthful Trainee Act ("YTA"), Mich. Comp. Laws 762.11-16, constitutes a conviction for immigration purposes).
ADMISSION - BURDEN OF PROOF - PAROLEES NOT "ADMITTED"
Altamirano v. Gonzales, ___ F.3d ___, 2005 WL 2839982 (9th Cir. Oct. 31, 2005) (a parolee has not been "admitted" to the United States, and therefore is subject to the grounds of inadmissibility, and bears the burden of showing admissibility).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370737p.pdf
INADMISSIBILITY BASED UPON AN ADMISSION - ADMISSIONS INSUFFICIENT PRE-1990
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (government failed to show noncitizen deportable for being inadmissible at entry or adjustment, under INA 237(a)(1)(A), on the basis that he admitted commission of a controlled substances offense, under current INA 212(a)(2)(A)(i)(II), since this ground of inadmissibility was not triggered by an admission of commission of the offense until IMMACT 1990, effective November 29, 1990, and noncitizen adjusted status prior to that date).
ADMISSION - PERMISSION TO WORK DURING PENDENCY OF ADJUSTMENT APPLICATION IS NOT LAWFUL ADMISSION TO UNITED STATES
United States v. Lucio, ___ F.3d ___ (5th Cir. Oct. 12, 2005) (conviction under 18 U.S.C. 922(g)(5)(A) [possession of firearm by undocumented noncitizen] upheld since undocumented noncitizens immigration status remains unlawful during the pendency of an application to adjust status; mere fact that he has received permission to work in the county does not alter the initial unlawfulness of his immigration status).
http://caselaw.lp.findlaw.com/data2/circs/5th/0420331cv0p.pdf