GOOD MORAL CHARACTER
Nyari v. Napolitano, 562 F.3d 916 (8th Cir. Apr.
INADMISSIBILITY - CONSULAR PROCESSING
Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).
JUDICIAL REVIEW - CONSULAR PROCESSING
Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).
CRIMES OF MORAL TURPITUDE - INTENT REQUIREMENT - NEGLIGENCE INSUFFICIENT TO CONSTITUTE CMT - "SHOULD HAVE KNOWN" IS NEGLIGENCE STANDARD
Marmolejo-Campos v. Holder, 558 F.3d 903, 912 (9th Cir. 2009) (en banc) (a mens rea of "should have known" is a negligence standard, which is insufficient to support a finding of moral turpitude), citing State v. Hyde, 186 Ariz. 252, 921 P.2d 655, 678 (1996). See also, Matter of Perez-Contreras, 20 I. & N. Dec. 615, 618-19 (BIA 1992).
NOTE: The court in Marmalejo-Campos found that the noncitizen had committed the offense "knowingly."
STATUTORY INTERPRETATION - BIA UNEXPLAINED INCONSISTENCY IN INTERPRETATIONS MAY BE IMPERMISSIBLE CONSTRUCTION OF THE STATUTE
Marmolejo-Campos v. Holder, 558 F.3d 903, 920 n.2 (9th Cir.
SENTENCE - FELONY - CALIFORNIA CONVICTION OF FELONY-MISDEMEANOR WITH PROBATION CONSIDERED FELONY UNLESS REDUCED
United States v. Diaz-Argueta, 564 F.3d 1047 (9th Cir. Apr. 24, 2009) ("In the parlance of California law enforcement, a violation of the statute is a "wobbler" that may be punished either as a felony or as a misdemeanor.
AGGRAVATED FELONY CRIME OF VIOLENCE- ASSAULT WITH FIREARM- ILLEGAL RE-ENTRY CONTEXT
United States v. Diaz-Argueta, 564 F.3d 1047 (9th Cir. Apr. 24, 2009) (California conviction of assault with a firearm, under Penal Code 245(a)(2), with probation on condition of serving a sentence less than one year, can constitute a "crime of violence under U.S.S.G. 2L1.2(b)(1)(A)(ii), and thus support a 16-level sentence enhancement for illegal reentry, even where it does not qualify as a crime of violence aggravated felony because there is no sentence imposed of one year or more); citing United States v. Pimentel-Flores, 339 F.3d 959, 960-61 (9th Cir.2003).
CRIMES OF MORAL TURPITUDE - POSSESSION OF CHILD PORNOGRAPHY
United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) (federal conviction of possession of child pornography, in violation of 18 U.S.C.
RELIEF - ASYLUM - PARTICULARLY SERIOUS CRIME
Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (non-aggravated felony may still be considered a "particularly serious crime" for purposes of withholding of removal; the Attorney General may determine by adjudication that a crime is "particularly serious" without classifying it as such by regulation).
JUDICIAL REVIEW - PETITION FOR REVIEW - COURT OF APPEAL LACKS JURISDICTION TO REVIEW PARTICULARLY SERIOUS CRIME DETERMINATION FOR PURPOSES OF WITHHOLDING OF REMOVAL
Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (court of appeal lacks jurisdiction to review the merits of a "particularly serious crime" determination for purposes of withholding of removal).
