VOLUNTARY DEPARTURE - IJ CAN ORDER DETENTION AS CONDITION OF VOLUNTARY DEPARTURE
Matter of MAS, 24 I. & N. Dec. 762 (BIA Mar. 19, 2009) (Immigration Judge may order an alien detained until departure as a condition of a grant of voluntary departure).
CRIME OF MORAL TURPITUDE - BURGLARY - OCCUPIED DWELLING
Matter of Louissaint, 24 I. & N. Dec. 754 (BIA Mar. 18, 2009) (Florida conviction of burglary of an occupied dwelling, in violation of Florida Statutes 810.02(3)(a), is categorically a conviction for a crime involving moral turpitude, because there is no "realistic probability" that it would be applied to reach conduct that does not involve moral turpitude, and the offense, as defined by its statutory elements is one in which moral turpitude necessarily inheres: "We find . . .
SENTENCE - PROBATION
United States v. Mondragon-Santiago, ___ F.3d ___, 2009 WL 782894 (5th Cir. Mar. 26, 2009) ("Deferred adjudication probation in Texas does not impose a sentence of imprisonment, and thus does not involve a term of imprisonment. From this analysis we conclude that Mondragon-Santiago's four years of deferred adjudication probation under Texas law is not a term of imprisonment under 1101(a)(48)(B), and thus is not an aggravated felony under 1101(a)(43)(F).").
MORAL TURPITUDE - ATTEMPT
United States v. Ellis, ___ F.3d ___, 2009 WL 783262 (5th Cir. Mar. 26, 2009) (North Carolina conviction of attempted common law robbery, "the felonious, non-consensual taking of money or personal property from the person or presence of another by means of violence or fear," see N.C. Gen. Stat.
MORAL TURPITUDE - ATTEMPT
United States v. Ellis, ___ F.3d ___, 2009 WL 783262 (5th Cir. Mar. 26, 2009) (the Model Penal Code 5.01(1) "substantial step" definition of "attempt" is the majority view, having been adopted by 12 circuits plus 26 states, and arguably should be used to define the term for purposes of the Taylor v. United States analysis in the career offender sentence enhancement context of USSG 4B1.2).
CRIME OF MORAL TURPITUDE - DRIVING UNDER THE INFLUENCE WHILE KNOWING LICENSE HAS BEEN SUSPENDED IS A CMT
Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (en banc) (Arizona conviction of driving under the influence while knowing that that one had a suspended license, in violation of Arizona Revised Statutes 28-1383(A)(1),constitutes a crime of moral turpitude for immigration purposes), deferring to Matter of Lopez-Meza, 22 I. & N. Dec. 1188 (BIA 1999).
CONVICTION - ADULT CONVICTION OF JUVENILE
Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) (a conviction of a noncitizen in adult court constitutes a conviction for immigration purposes, under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), no matter how old the person was at the time of the commission of the offense); accord, Vieira Garcia v. INS, 239 F.3d 409, 413-414 (1st Cir.
SAFE HAVEN - CRIME OF VIOLENCE - ACCIDENTAL DISCHARGE OF FIREARM SUFFICIENT FOR CONVICTION UNDER 18 U.S.C. 924(c)(1)(A)(iii) SO IT CANNOT CONSTITUTE AN AGGRAVATED FELONY CRIME OF VIOLENCE
Dean v. United States, 129 S.Ct. 1849 (Apr. 29, 2009) (unintentional or accidental discharge of firearm during violent or drug-trafficking offense is sufficient to warrant 10-year mandatory minimum sentence pursuant to 18 U.S.C. 924(c)(1)(A)(iii)).
Therefore, this enhancement does not convert the substantive offense into an aggravated felony crime of violence because the intent required for this sentence enhancement is insufficient under Leocal to constitute a crime of violence.
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - CUBAN REFUGEE ADJUSTMENT ACT
Matter of Martinez-Montalvo, 24 I. & N. Dec. 778 (BIA 2009) (under 8 C.F.R. 245.2(a)(1) and 1245.2(a)(1)(ii), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732,80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application), superseding Matter of Artigas, 23 I. & N. Dec.
REMOVAL PROCEEDINGS - MOTION FOR CONTINUANCE
Matter of Hashmi, 24 I. & N. Dec. 785 (BIA 2009) (unopposed motion for continuance of removal proceedings to allow adjudication of a pending family-based visa petition should generally be granted if approval of the visa petition would render noncitizen prima facie eligible for adjustment of status), following Matter of Garcia, 16 I. & N. Dec. 653 (BIA 1978).
