Capsule-updates for SH (Safe Havens)

AGGRAVATED FELONY - CRIME OF VIOLENCE - ATTEMPTED SEXUAL BATTERY

United States v. Meraz-Enriquez, __ F.3d __, 2006 WL 515477 (5th Cir. Mar. 3, 2006) (Kansas conviction of attempted sexual battery, in violation of Kan. Stat. Ann. 21- 3518, which punishes a sexual touching of a person who is too intoxicated to be able to give consent to the touching, is not a crime of violence for illegal re-entry sentencing purposes because the offense does not require the use of force).

jurisdiction: 
Fifth Circuit

CITIZENSHIP - FOUNDLINGS

INA 301(f) allows "a person of unknown parentage found in the United States while under the age of five years" to be considered a citizen of the United States unless the person is "shown, prior to his attaining the age of twenty-one years, not to have been born in the United States."

jurisdiction: 
Other

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