RELIEF " ASYLUM " REINSTATEMENT
Ramirez Mejia v. Lynch, __ F.3d __ (5th Cir. Jul. 21, 2015) (noncitizens whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum, since asylum is a form of relief for purposes of the bar to relief under INA 1231(a)(5)), agreeing with Herrera"Molina v. Holder, 597 F.3d 128, 139 (2d Cir. 2010).
REMOVAL PROCEEDINGS " EVIDENCE
Fraser v. Lynch, __ F.3d __ (8th Cir. Jul. 31, 2015) (government established removability based on Canadian drug conviction by submission of Canadian court Information and Trial Disposition referencing an indictment where Canadian law defines an indictment to include an information.).
RELIEF " WAIVERS " INA 212(h) WAIVER " CONDITIONAL PERMANENT RESIDENT
Paek v. Attorney General of the US, ___ F.3d ___, 2015 WL 4393910 (3d Cir. Jul. 20, 2015) (INA 212(h) waiving unavailable to noncitizen who committed aggravated felony after admission as a Conditional LPR, since an alien admitted as a lawful permanent resident on a conditional basis qualifies as "an alien lawfully admitted for permanent residence" for purposes of the aggravated felony bar to INA 212(h) relief).
AGGRAVATED FELONY " CRIME OF VIOLENCE " DISCHARGING A FIREARM
United States v. Parral-Dominguez, ___ F.3d ___, 2015 WL 4479530 (4th Cir. Jul. 23, 2015) (North Carolina conviction for discharging firearm into occupied building, under N.C.G.S.A. 14"34.1(a) (discharge a firearm into a structure while it is occupied, when the defendant had reasonable grounds to believe that the building might be occupied by one or more persons), N.C.G.S.A. 14"34.1(a), was not crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G.
SENTENCE " MISDEMEANOR " PENAL CODE 18.5 -- RETROACTIVITY SENTENCE " REDUCTION OF FELONY TO MISDEMEANOR " RETROACTIVITY OF NEW LEGISLATION AMELIORATING PUNISHMENT
People v. Babylon, 39 Cal.3d 719 (1985) (where a statute defining a criminal offense was amended while the case was on appeal, narrowing the scope of the offense so that the defendants could no longer be said to have violated the statute, and there was no savings clause allowing prosecution under the former statute, defendants case must be dismissed, even assuming defendants acts did violate the former statute).
CPCN: 8.9 [one yr sent imposed]
CPCN: 8.22A [maximum sentence imm con]
CAL POST CON " STATE REHABILITATIVE RELIEF " MANDATORY EXPUNGEMENT DESPITE FAILURE TO PAY RESTITUTION
People v. Seymour, ___ Cal. App. 4th ___, ___Cal.Rptr.3d ___, 2015 WL 5097243 (6th Dist. Aug. 31, 2015) (failure to pay restitution in full did not authorize the trial court to deny the relief otherwise mandated by Penal Code 1203.4(a), which provides for mandatory dismissal when a defendant has been "discharged [from probation] prior to the termination of the period of probation.").
RELIEF " ADJUSTMENT OF STATUS " RELIANCE
Acosta-Olivarria v. Lynch, 799 F.3d 1271 (9th Cir. Aug. 26, 2015) (noncitizen applying for adjustment of immigration status reasonably relied on Perez"Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir.2004), before the BIA Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007), a decision directly disagreeing with Perez-Gonzales, despite obvious tension between Ninth Circuit and BIA prior to Briones, that case does not apply retroactively).
IMMIGRATION OFFENSES " ILLEGAL REENTRY " COLLATERAL ATTACK
United States v. Soto-Mateo, ___ F.3d ___, 2015 WL 5025222 (1st Cir. Aug. 26, 2015) (defendants waiver of appeal from removal order was knowing and intelligent, so he failed to exhaust his administrative remedies, and so cannot prevail on collateral attack).
PRACTICE ADVISORY " SAFE HAVEN " DUI WITH GREAT BODILY INJURY
A conviction of driving under the influence of alcohol, with a great bodily injury clause under Penal Code 21022.7, should not be considered to be an aggravated felony crime of violence, even if a one year sentence is imposed. This is because there is no intent required for the GBI clause beyond the intent required to commit the underlying offense. People v. Poroj (2010) 190 CA4th 165 (jury instructions for DUI with 12022.7 GBI enhancement do not require the jury to find intent to cause GBI separate and apart from intent necessary to commit underlying crime); People v. Carter (1998) 60 Cal.
CITIZENSHIP " DERIVATIVE CITIZENSHIP " STEPCHILDREN
Acevedo v. Lynch, ___ F.3d ___, 2015 WL 4999292 (9th Cir. Aug. 24, 2015) (the definition of child in citizenship and naturalization provisions of INA does not include stepchildren).
