JUDICIAL REVIEW " JURISDICTION
Lee v. Lynch, __ F.3d __ (10th Cir. Jul. 1, 2015) (section 242B(2) of the INA is not a jurisdictional statute; where noncitizen was detained in Tenth Circuit, but appeared telephonically in the Fifth Circuit, then appeared in the Fifth Circuit final hearing, the Fifth Circuit was the proper venue for appeal from BIA decision).
AGGRAVATED FELONIES " DRUG TRAFFICKING OFFENSES " CALIFORNIA TRANSPORTATION OFFENSES NOW ARE DEFINED AS TRANSPORTATION FOR SALE
Health & Safety Code 11360, 11379.5 and 11391 (amended by AB 730, filed Jul. 13, 2015) ("transport" under these statutes is amended to mean transport for sale).
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=2015...
Note: Conviction of transportation of a controlled substance listed under the federal controlled substances schedules now constitutes a drug trafficking aggravated felony, under 8 U.S.C. 1101(a)(43)(B). This change makes the definition of transport in these statutes the same as the previous change in Health & Safety Code 11379, 11352.
PRACTICE ADVISORY " CONVICTION " JURISDICTION " UNLISTED JURISDICTION
There is a decent argument that because some deportability and inadmissibility grounds specify jurisdictions, e.g., "state and federal and foreign" (controlled substance and aggravated felony grounds) or "state, federal, local and Indian" (domestic violence ground), that since "local" is included in at least one ground and not included in others, local ordinances would only give rise to deportability if the ground specifically says "local." See N. Tooby & J. Rollin, Criminal Defense of Immigrants 7.26 (2012).
AGGRAVATED FELONY " CRIME OF VIOLENCE " 16(b) " ORDINARY CASE ANALYSIS UNCONSTITUTIONALLY VOID FOR VAGUENESS
Linus Chan, in The ordinary cases demise in criminal sentencing & its implications for immigration law, at Crimmigration.com, summarized the impact of Johnson v. United States as follows:
After the Supreme Court announced the ordinary case method in James, the Board of Immigration Appeals (BIA), and a couple of federal circuit courts began to adopt it in immigration cases when deciding whether someone has committed a crime of violence under 18 U.S.C. 16(b). Section 16(b)s language is not an exact match to ACCAs residual clause, but isnt far off.
CAL POST CON " REDUCTION TO MISDEMEANOR " PENAL CODE 1170.18
People v. Diaz, ___ Cal.Rptr.3d ___, 2015 WL 4549209 (2d District, Division 4, Jul. 28, 2015) (request that court of appeal strike prison prior sentence enhancement, under Penal Code 667.5(b), is premature, as Penal Code 1170.18(f) requires filing of application to reduce felony conviction to misdemeanor under Prop. 47 in trial court).
CAL POST CON " STATE REHABILITATIVE RELIEF " EXPUNGEMENT DOES NOT RELIEVE DEFENDANT OF DUTY TO PAY RESTITUTION
People v. Gross, ___ Cal.App. 4th ___, 2015 WL 4524214 (3d Dist. Jul. 27, 2015) (expungement under Penal Code 1203.4(a) does not relieve the defendant of the order to pay restitution, because direct victim restitution is a constitutional mandate that serves to protect public safety and welfare, rather than to punish the defendant, and thus it is not a penalty or disability from which a defendant is released upon the dismissal of criminal charges pursuant to former Penal Code 3200 or Penal Code 1203.4); compare People v. Guillen, 218 Cal.App.4th 975 (4th Dist. Aug.
PRACTICE ADVISORY " CONVICTION " NATURE OF CONVICTION " CATEGORICAL ANALYSIS " ELEMENTS " RECORD OF CONVICTION " LESSER INCLUDED OFFENSES " CALIFORNIA
The Ninth Circuit held that because a lesser included charge must be one that is necessarily included in the charged offense, the lesser-included possession offense must have been possession of the same substance charged in the dismissed count charging the greater offense.
DETENTION " IMMIGRATION DETAINERS
A Congressional Research Service (CRS) report on immigration detainers, including ICE detainer regulations and practices, state and local compliance, custody determinations, and constitutional issues.
http://fas.org/sgp/crs/homesec/R42690.pdf
CAL CRIM DEF " AGGRAVATED FELONY " FRAUD " MATERIALITY REQUIREMENT " PRACTICE ADVISORY
Based on the Supreme Court's definition of fraud and deceit in Kawashima v. Holder, 132 S.Ct. 1166 (Feb. 21, 2012), there is a reasonably good argument that conviction of any false statement offense that lacks materiality of a false statement as an essential element does not constitute a fraud or deceit aggravated felony, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i). Kawashima, supra, at ___ (We conclude that Mrs. Kawashima's conviction establishes that, by knowingly and willfully assisting her husband's filing of a materially false tax return, Mrs.
SENTENCE " IMPRISONMENT INCLUDES WORK RELEASE
The common meaning of imprisonment is incarceration in a prison, jail, or other penal institution, including work furlough from a custody sentence. See, e.g., United States v. Miller, 547 F.3d 1207, 1213 (9th Cir. 2008) (incarceration in county jail work release program constituted part of defendants term of imprisonment where defendant remained under the authority of the Bureau of Prisons).
