CONVICTION - DIRECT APPEAL - LATE APPEAL - PENDING LATE DIRECT APPEAL DOES NOT DESTROY FINALITY OF CONVICTION
Matter of Cardenas-Abreu, 24 I. & N. Dec. 795 (BIA 2009) (pending late-reinstated appeal of a criminal conviction, filed pursuant New York Criminal Procedure Law 460.30, does not undermine the finality of the conviction for immigration purposes).
JUDICIAL REVIEW - NO CHEVRON DEFERENCE IS DUE TO THE IJ'S DECISION, NOT RELYING ON A PRECEDENTIAL RULING
Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (the decision of a single IJ, not relying on a precedential ruling, does not command Chevron deference).
CRIM DEF - EXTRADITION
McKnight v. Torres, 563 F.3d 890 (9th Cir. 2009) (unambiguous language of immunity agreement with the United States did not bar the government from sharing information learned from its interview with Petitioner with the French government).
CRIMES OF MORAL TURPITUDE - INTENT REQUIREMENT - SPECIFIC INTENT NOT REQUIRED FOR OFFENSE TO CONSTITUTE CMT
United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) ("The lack of a specific intent requirement in 2252A(a)(5)(B) -which ba rs "knowing[ ]," as opposed to willful, possession of child pornography-does not change this result. Specific intent is not required for a crime to involve moral turpitude. See Nicanor-Romero v.
CRIMES OF MORAL TURPITUDE - CATEGORICAL ANALYSIS
United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) ("this circuit applies the "categorical" and "modified categorical" approaches of Taylor v. United States, 495 U.S. 575, 599-602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), when determining whether a crime involves moral turpitude), following Navarro-Lopez v. Gonzales, 503 F.3d 1062, 1067 (9th Cir. 2007) (en banc).
REMOVAL PROCEEDINGS - REMOVAL ORDER MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE
Al Mutarreb v. Holder, 561 F.3d 1023 (9th Cir. Apr. 6, 2009) (reversing removal order where the record contained no evidence relevant to the charge of removability, and thus the order was not supported by substantial evidence).
JUDICIAL REVIEW - PETITION FOR REVIEW - REMOVAL ORDER MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE
Al Mutarreb v. Holder, 561 F.3d 1023 (9th Cir. Apr. 6, 2009) (reversing removal order where the record contained no evidence relevant to the charge of removability, and thus the order was not supported by substantial evidence).
JUDICIAL REVIEW - BIA APPEAL - BIA IS NOT AUTHORIZED TO FIND FACTS IN COURSE OF DECIDING AN APPEAL
Al Mutarreb v. Holder, 561 F.3d 1023 (9th Cir. Apr. 6, 2009) (BIA is not authorized to find facts in the course of deciding appeals), citing 8 C.F.R. 1003.1(d)(3)(i), (iv); Matter of Adamiak, 23 I. & N. Dec. 878, 880 (BIA 2006).
JUDICIAL REVIEW - BIA APPEAL - DUE PROCESS
Al Mutarreb v. Holder, 561 F.3d 1023 (9th Cir. Apr. 6, 2009) (due process might be offended by affirming on appeal a removal order on a ground that was first raised on appeal, and which was not raised or litigated in the court below), citing Alvarez-Santos v. INS, 332 F.3d 1245, 1252 (9th Cir.2003),
POST CON RELIEF - FEDERAL - MOTION TO WITHDRAW PLEA
The Ninth Circuits most recent case on withdrawing a plea, United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir. 2008), stated:
