AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR
United States v. Munoz-Ortenza, __ F.3d __, 2009 WL 693146 (5th Cir. Mar. 18, 2009) (California conviction for oral copulation of a minor, in violation of Penal Code 288a(b)(1), was not necessarily "sexual abuse of a minor," and thus not a "crime of violence" for illegal re-entry sentencing purposes, since the offense may be committed against a person under 18, while the minor must be under 16 to qualify as "sexual abuse of a minor."), following United States v. Lopez-DeLeon, 513 F.3d 472 (5th Cir.), cert. denied, __ U.S. __, 128 S.Ct.
JUDICIAL REVIEW - HABEAS CORPUS - REAL ID ACT BARS HABEAS AS VEHICLE BY WHICH TO CHALLENGE REMOVAL ORDER
Muka v. Baker, 559 F.3d 480 (6th Cir. Mar. 17, 2009) (REAL ID Act deprived district court of subject-matter jurisdiction over habeas petitions challenging orders of removal; no Suspension Clause violation).
AGGRAVATED FELONY - DRUG TRAFFICKING
United States v. Medina-Almaguer, 559 F.3d 420 (6th Cir. Mar.
NATURE OF OFFENSE - MODIFIED CATEGORICAL ANALYSIS - SIXTH CIRCUIT TEST
United States v. Medina-Almaguer, 559 F.3d 420 (6th Cir. Mar. 12, 2009) ("In the context of a conviction stemming from a guilty plea-as Medina-Almaguer's predeportation conviction did-the question is whether the court documents establish that the defendant "necessarily admitted" the elements of a predicate offense through his plea. Id. at 16; see also id. at 20-21, 26; cf. Taylor, 495 U.S. at 602.
RECORD OF CONVICTION - PRELIMINARY HEARING TRANSCRIPT
United States v. Medina-Almaguer, 559 F.3d 420 (6th Cir. Mar. 12, 2009) ("Even granting for the sake of argument that a sentencing court may consult a preliminary-examination transcript in investigating the nature of a prior offense, this transcript does not show that Medina-Almaguer "necessarily admitted" to a "drug trafficking offense" when he pleaded guilty to violating 11352(a). Much like a police report or a complaint application-upon which sentencing courts may not rely in determining the nature of a prior conviction, see Shepard, 544 U.S.
NATURE OF OFFENSE - RECORD OF CONVICTION - AFFIDAVITS OF COMPLAINT
United States v. Jones, 453 F.3d 777, 780 (6th Cir. 2006) (sentencing court may rely on affidavits of complaint containing statements of fact "only" for "the limited inquiry of whether prior offenses constitute a single criminal episode or multiple episodes" for purposes of determining whether prior offenses qualify as "convictions [for crimes] ... committed on occasions different from one another" under the Armed Career Criminal Act, 18 U.S.C. 924(e)(1)); accord, United States v. Wells, 473 F.3d 640, 647 n. 5 (6th Cir.2007).
CRIMES OF MORAL TURPITUDE - SINGLE SCHEME
United States v. Jones, 453 F.3d 777, 780 (6th Cir. 2006) (sentencing court may rely on affidavits of complaint containing statements of fact "only" for "the limited inquiry of whether prior offenses constitute a single criminal episode or multiple episodes" for purposes of determining whether prior offenses qualify as "convictions [for crimes] ... committed on occasions different from one another" under the Armed Career Criminal Act, 18 U.S.C. 924(e)(1)); accord, United States v. Wells, 473 F.3d 640, 647 n. 5 (6th Cir.2007).
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION REQUIRED BY RAISING ISSUE BEFORE BIA
Ghani v. Holder, 557 F.3d 836 (7th Cir. Mar. 9, 2009) ("As a threshold matter, we note that Mr. Ghani did not raise this claim before the BIA; therefore, the issue is waived. See Hamdan v. Gonzales, 425 F.3d 1051, 1058 n. 14 (7th Cir.2005) (arguments not raised to the BIA are waived for failure to exhaust administrative remedies).").
RELIEF - CANCELLATION - RETROACTIVITY - CONVICTION BAR TO CANCELLATION APPLIES EVEN THOUGH CONVICTION PREDATED IIRAIRA
Obi v. Holder, 558 F.3d 609 (7th Cir. Mar. 3, 2009) (IIRAIRA bar to cancellation of removal properly applied retroactively to visa fraud conviction occurring before IIRAIRA effective date).
RELIEF - WAIVER FORM I-601
Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (BIA erred in finding that nonimmigrant had failed to make application for INA 212(d)(3) waiver, as opposed to INA 212(i), where both waivers require the same form, the I-601, and that form does not allow the applicant to specify which form of relief is being sought).
