IMMIGRATION CONSEQUENCES CHART " MASSACHUSETTS
The Immigration Impact Unit for the Massachusetts Committee for Public Counsel Services has prepared an updated Chart giving immigration consequences of selected Massachusetts criminal offenses. https://www.publiccounsel.net/iiu/professional/.
AGGRAVATED FELONY " DRUG TRAFFICKING " POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE
United States v. Gonzalez-Corn, ___ F.3d ___, 2015 WL 4385278 (9th Cir. Jul. 17, 2015) (federal conviction for possessing marijuana with the intent to distribute, resulting in a sentence exceeding one year, was for an aggravated felony drug trafficking offense, without need to apply the categorical analysis, since the INA specifically incorporates felony violations of the CSA on its face).
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO GIVE CORRECT ADVICE ON IMMIGRATION CONSEQUENCES
DeBartolo v. United States, 790 F.3d 775, 778 (7th Cir. Jun. 26, 2015) (noncitizen defendant has shown prejudice since there was reasonable probability that he would have proceeded to trial rather than have pleaded guilty if he had then known the immigration consequences).
CAL CRIM DEF " SAFE HAVENS " FALSE IMPRISONMENT
A conviction of false imprisonment, under Penal Code 236, 237, committed by menace is not a crime of moral turpitude. Turijan v. Holder, 744 F.3d 617, 621 (9th Cir. 2014). This offense also arguably does not constitute an aggravated felony crime of violence, under 18 U.S.C. 16(a), 8 U.S.C. 1101(a)(43)(F), since there is no element requiring the intentional use of violent force. Moreover, it cannot constitute an aggravated felony crime of violence under 16(b), because the Supreme Court found the ordinary case analysis to be unconstitutionally vague. See Johnson v. United States, 576 U.S.
IMMIGRATION OFFENSES " ILLEGAL REENTRY " ELEMENTS " DEPORTATION " COLLATERAL ATTACK
United States v. Guzman-Ibarez, ___ F.3d ___, 2015 WL 4068922 (9th Cir. Jul. 6, 2015) (illegal reentry conviction reversed, and case remanded, for determination whether defendant's due process rights were violated during the removal proceedings, where the IJ erred when she failed to advise the defendant of the possibility of relief under 8 U.S.C. 1182(c), because 440(d) of the Antiterrorism and Effective Death Penalty Act was not effective as to proceedings, such as the defendant's, that had commenced prior to the date of the Act's enactment).
PRACTICE ADVISORY " CRIMES OF MORAL TURPITUDE " MISPRISON OF A FELONY PRACTICE ADVISORY " AGGRAVATED FELONY " OBSTRUCTION OF JUSTICE " MISPRISION OF A FELONY
Federal conviction of misprision of a felony, under 18 U.S.C. 4, does not constitute an aggravated felony, or a crime of moral turpitude, at least within the Ninth Circuit. This offense is not considered a drug-trafficking aggravated felony, even if the principals felony was a drug-trafficking offense and the client were to receive a sentence of one year or more. See Matter of Espinoza-Gonzalez, 22 I & N Dec. 889 (BIA 1999), distinguishing, but not overruling Matter of Batista-Hernandez, 21 I. & N. Dec.
OVERVIEW " CONSULAR PROCESSING " CHOICE OF LAW POST CONVICTION RELIEF " EXPUNGMENT
Dept of State Cable re Application of Lujan-Armendariz to Applicants Entering in Ninth Circuit POE, AILA InfoNet Doc. No. 13012240. (Posted 1/22/13) (Ninth Circuit law applies to immigrants entering the U.S. at a Port of Entry within the Ninth Circuit if the Immigrant intends to reside within the Ninth Circuit).
EXTRADITION
Martinez v. United States, ___ F.3d ___, 2015 WL 4139844 (6th Cir. Jul. 10, 2015) (petitioner's claims fell within scope of federal habeas review of Mexican extradition request; Mexican arrest warrant was equivalent of United States indictment, and thus tolled five-year statute of limitations; lapse of time protections in U.S.
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO GIVE ACCURATE IMMIGRATION ADVICE " RETROACTIVITY
United States v. Chan, 792 F.3d 1151 (9th Cir. Jul. 9, 2015) (This case requires us to determine the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005). Because we conclude that Kwan both survives Padilla v. Kentucky, 559 U.S. 356 (2010), and did not establish a new rule of criminal procedure under Teague v. Lane, 489 U.S. 288 (1989), we thus hold that Kwan applies retroactively to Chans case.); distinguishing Chaidez v. United States, 133 S. Ct. 1103 (2013) (Supreme Court concluded that Padilla does not apply retroactively).
STATISTICS " IMMIGRANTS ARE LESS LIKELY TO COMMIT SERIOUS CRIMES OR BE BEHIND BARS THAN NATIVE-BORN CITIZENS
The Criminalization of Immigration in the United States
The American Immigration Council released the report, The Criminalization of Immigration in the United States by Walter A. Ewing, Ph.D., Daniel E. Martnez, Ph.D., and Rubn G. Rumbaut, Ph.D. For years, the quantitative data has established two key facts with respect to the relationship between immigrants and crime: immigration is associated with lower crime rates and immigrants are less likely than the native-born to be serious criminals. The new report also describes the ways in which U.S.
