CONVICTION - FINALITY
Practice Advisory, Conviction Finality Requirement: The Impact of Matter of Cardenas-Abreu (Immigrant Defense Project, May 11, 2009), www.immigrantdefenseproject.org.
CRIMES OF MORAL TURPITUDE - DEPORTATION GROUND - CATEGORICAL ANALYSIS EXCEPTION OF SILVA-TREVINO DOES NOT APPLY HERE BECAUSE THE "ADMISSION" EXCEPTION IN THE CMT INADMISSIBILITY GROUND DOES NOT EXIST IN THE CMT DEPORTATION GROUND
Article: Argument Silva-Trevino Applies Only to Crime of Moral Turpitude Ground of Inadmissibility, Not to the Grounds of Deportability
DETENTION - INTERNATIONAL LAW
Recent reports condemn international law violations related to the increased use of detention in immigration cases. Using international human rights law to advance immigrants' rights in the United States is a developing area of immigration law. See generally Immigration Advocates Network, http://www.immigrationadvocates.org.
AGGRAVATED FELONY - CRIME OF VIOLENCE - UNLAWFUL WOUNDING
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (Virginia conviction of unlawful wounding, under Virginia Code 18.2-51 ["maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill"] is an aggravated felony crime of violence under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for purposes of barring naturalization under INA 101(f)(8), 8 U.S.C. 1101(f)(8)).
CONVICTION - EXISTENCE - LEGAL INVALIDITY - IMMIGRATION COURTS MAY NOT ENTERTAIN A CLAIM THAT A CONVICTION, WHICH HAS NOT BEEN OVERTURNED IN CRIMINAL COURT, IS LEGALLY INVALID
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (noncitizen may not collaterally attack the legal validity of a criminal conviction, which has not been overturned in criminal court, in immigration proceedings), following Brown v. U.S. INS, 856 F.2d 728, 731 (5th Cir.1988); see also Zinnanti v. INS, 651 F.2d 420, 421 (5th Cir. 1981) ("Once the [state criminal] conviction becomes final, it provides a valid basis for deportation unless it is overturned in a judicial post-conviction proceeding.").
JUDICIAL REVIEW - EXHAUSTION - WAIVER OF ISSUE BY FAILURE PROPERLY TO PRESENT IT
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) ("Singh, however, does not argue that any portion of the unlawful wounding statute under which he was convicted can be violated without using force sufficient to render the violation a crime of violence. [Footnote omitted.] He offers no hypothetical situations in which a person could commit an unlawful wounding that does not constitute a crime of violence, nor does he even attempt to parse the statute's language.
GOOD MORAL CHARACTER - STATUTORY BAR
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (aggravated felony crime of violence conviction occurred after November 29, 1990, and thus constituted a permanent bar to showing good moral character for purposes of naturalization, under INA 101(f)(8), 8 U.S.C. 1101(f)(8), where the sentence of one year or more occurred after that date, even though the plea of guilty occurred prior to that date); accord, Puello v. Bureau of Citizenship and Immigration Servs., 511 F.3d 324, 329 (2d Cir. 2007) (under INA 101(a)(48)(A), 8 U.S.C.
CONVICTION - STATUTORY DEFINITION - CONVICTION REQUIRES SENTENCE
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), "formal judgment of guilt" is defined by reference to Federal Rule of Criminal Procedure 32(k)(1), which provides that "[i]n the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence."); Puello v. Bureau of Citizenship and Immigration Servs., 511 F.3d 324, 329 (2d Cir. 2007); Perez v. Elwood, 294 F.3d 552, 562 (3d Cir. 2002) (same).
AGGRAVATED FELONY - CRIME OF VIOLENCE - EVADING ARREST
United States v. Harrimon, 568 F.3d 531 (5th Cir. May 14, 2009) (Texas conviction for evading arrest or detention by use of a vehicle, in violation of Tex. Penal Code section 38.04(b)(1), is a "violent felony" under the Armed Career Criminal Act, since the offense presents a serious potential risk of physical injury to another).
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION OF ADMINISTRATIVE REMEDIES REQUIRED BY PRESENTATION OF ISSUE TO BIA IN BRIEF
Lin v. Holder, 565 F.3d 971 (6th Cir. May 14, 2009) ("these claims have not been administratively exhausted because Lin did not present them in his brief for his BIA appeal. This Court does not have jurisdiction to consider claims that have not been administratively exhausted."), citing 8 U.S.C. 1252(d)(1); Ramani v. Ashcroft, 378 F.3d 554, 559-60 (6th Cir. 2004) (holding "only claims properly presented to the BIA and considered on their merits can be reviewed by this court in an immigration appeal").
