Capsule-updates for SH (Safe Havens)

CONVICTION - GUILTY PLEA - ALFORD PLEA

State v. Aquino, ___ Conn. ___, ___ n.1, 2005 Conn. App. LEXIS 226 (Conn. App. June 7, 2005) ("Under North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), a criminal defendant is not required to admit his guilt, but consents to being punished as if he were guilty to avoid the risk of proceeding to trial. . . .

jurisdiction: 
Lower Courts of Second Circuit

CONVICTION - STATUTORY DEFINITION - DOES NOT INCLUDE CONVICTIONS THAT HAVE BEEN REVERSED ON THE MERITS FOR REASONS RELATED TO THE FACTUAL BASIS FOR, OR PROCEDURAL VALIDITY OF, THE JUDGMENT

Matter of Marroquin, 23 I. & N. Dec. 705 (AG Jan. 18, 2005) ("This definition [of conviction, under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)], though broad, is clearly not intended to encompass convictions that have been formally entered but subsequently reversed on appeal or in a collateral proceeding for reasons pertaining to the factual basis for, or procedural validity of, the underlying judgment. Cf. In re P-, 9 I&N Dec. 293 (A.G.

jurisdiction: 
Other

CONVICTION - DEFINITION OF CONVICTION - DEFERRED ENTRY OF JUDGMENT

United States v. Valerio, __ F.3d __ (9th Cir. Mar. 28, 2006) (federal conviction for being a felon in possession of a firearm is affirmed despite the claim that he was not a convicted felon at all, because his deferred imposition of sentence and subsequent discharge under state law invalidated that status).

jurisdiction: 
Ninth Circuit

REMOVAL - DEFENSES - INTERNATIONAL LAW - JUVENILES

Oliva v. U.S. Dept of Justice, ___ F.3d ___, 2005 WL 3557435 (2d Cir. Dec. 30, 2005) (U.N. Convention on the Rights of the Child had not achieved the status of customary international law so as to require immigration authorities to give "the best interests" of the child "primary consideration" in deciding whether to order removal of the child).

jurisdiction: 
Second Circuit

CONVICTION - DEPORTATION - FOREIGN CONVICTIONS - CONGRESS EXCLUDED FOREIGN CONVICTIONS FROM CONVICTIONS TRIGGERING DEPORTATION, EXCEPT WHERE IT EXPRESSLY PROVIDED OTHERWISE

Small v. United States, ___ U.S. ___ (April 26, 2005) (18 U.S.C. 922(g)(1), which prohibits a person who has been "convicted in any court" from possessing a firearm, encompasses only domestic, not foreign, convictions), abrogating United States v. Atkins, 872 F.2d 94, 96 (4th Cir. 1989), and United States v. Winson, 793 F.2d 754, 757-759 (6th Cir. 1986).

jurisdiction: 
US Supreme Ct

SAFE HAVENS - AMERICAN INDIAN - AMERICAN INDIAN WITH 50% NATIVE AMERICAN BLOOD IS NOT SUBJECT TO GROUNDS OF EXCLUSION OR DEPORTATION

The immunity of certain American Indians born in Canada from exclusion and deportation rules is derived from the Jay Treaty of 1794 with Great Britain and was reaffirmed in the Treaty of Ghent at the conclusion of the War of 1812. See INA 289; 8 C.F.R. 289. The beneficiary must be 50% or more of the blood of the American Indian race and if s/he qualifies, cannot be deported or excluded from the United States for any reason.

jurisdiction: 
Other

CONVICTION - NONCITIZEN IS NOT DEPORTABLE FOR CONVICTION SUFFERED WHEN HE WAS A UNITED STATES CITIZEN BEFORE DENATURALIZATION

Costello v. INS, 376 U.S. 120 (1964) (person who was convicted of two crimes involving moral turpitude while he was a United States citizen cannot be deported on account of them after he lost his citizenship through denaturalization).

jurisdiction: 
US Supreme Ct

CONVICTION - JURISDICTION - PUERTO RICO - PUERTO RICO CONVICTION = STATE CONVICTION UNDER FEDERAL CAREER OFFENDER SENTENCE GUIDELINE

United States v. Cirino, ___ F.3d ___ (9th Cir. Aug. 15, 2005) (Puerto Rico conviction constitutes a conviction "under federal or state law" for purposes of enhancing a sentence under the federal career offender guidelines, USSG 4B1.1(a)(2002)).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - STATUTORY RAPE

United States v. Lopez-Solis, __ F.3d __, 2006 WL 1360075 (9th Cir. May 19, 2006) (Tennessee conviction of statutory rape, in violation of Tennessee code 39-13-506, is not categorically "sexual abuse of a minor," and therefore not a "crime of violence" for purposes of illegal re-entry sentence enhancement; slight sexual penetration of a minor just under 18 by a 22 year old is not necessarily "abuse").
http://caselaw.lp.findlaw.com/data2/circs/9th/0310059p.pdf

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - CHILD PORNOGRAPHY - TEXAS

Texas Penal Code, 43.26(a)(1) prohibits possession or promotion of child pornography. This statute penalizes possession of material containing an image of a child engaging in "sexual conduct," whereas the federal child pornography statutes listed in the aggravated felony definition require "sexually explicit conduct." If it can be shown that the Texas statute includes more material than the federal statute, a Texas conviction would be divisible with respect to the child pornography aggravated felony definition.

jurisdiction: 
Other

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