OVERVIEW - CONTACT WITH DHS - FINGERPRINTING
New guidelines on fingerprinting at points of entry are here:
"Biometric procedures-the collection of digital fingerprints and photographs-apply to international visitors holding a non-U.S. passport or visa." http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm
JUDICIAL REVIEW - DICTA
Cent. Va. Cmty. Coll. v. Katz, 546 U.S. 356, 363 (2006) ("It is well-established that we are not bound to follow our dicta in a prior case in which the point now at issue was not fully debated.), citing Cohens v. Virginia, 19 U.S. 264, 399-400 (1821).
JUDICIAL REVIEW - ISSUE PRESERVATION - EXHAUSTION -- FAILURE TO OBJECT IN COURT BELOW - PLAIN ERROR TEST
Puckett v. United States, 129 S.Ct. 1423 (Mar. 25, 2009)(plain-error test of Fed. R. Crim. P. 52(b), which instructs parties how to preserve claims of error, applies in the usual fashion to a forfeited claim that the government failed to meet its obligations under a plea agreement).
CRIM DEF - IMMIGRATION OFFENSES - ILLEGAL REENTRY - NO INTERLOCUTORY APPEAL TO DETERMINE WHETHER PRIOR CONVICTION CONSTITUTES AGGRAVATED FELONY TO AID DEFENDANT IN PLEA BARGAINING
United States v. Romero-Ochoa, 554 F.3d 833 (9th Cir. Feb. 5, 2009) (court of appeal lacks jurisdiction over an interlocutory appeal to determine whether defendant's prior conviction constitutes an aggravated felony, even though he requests a decision to allow him to make an intelligent decision as to plea bargaining when charged with illegal reentry after deportation, since an aggravated felony would trigger a 16-level sentence enhancement).
IMMIGRATION OFFENSES - ILLEGAL REENTRY - SENTENCE - CRIMINAL HISTORY REPORT - RELIABILITY
United States v. Alvarado-Martinez, 556 F.3d 732 (9th Cir. Feb. 5, 2009) (no abuse of discretion for district court to conclude that defendant's criminal history report was sufficiently reliable on which to base sentence calculation finding that defendant committed four prior misdemeanors).
POST CON RELIEF - STATE REHABILITATIVE RELIEF - REHABILITATIVE RELIEF IS GENERALLY INEFFECTIVE TO ELIMINATE A CONVICTION FOR IMMIGRATION PURPOSES
Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir. 2002) ("[f]or immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state's rehabilitative statute.").
CONTROLLED SUBSTANCES OFFENSES - DEPORTABILITY - BURDEN
Medina v. Ashcroft, 393 F.3d 1063, 1065 n.5 (9th Cir. 2005) (government bears the burden of proving that the possession of 30 grams or less of marijuana does not apply), agreeing with Sandoval v. INS, 240 F.3d 577, 581 (7th Cir.2001).
POST CON RELIEF - STATE REHABILITATIVE RELIEF - REHABILITATIVE RELIEF IS GENERALLY INEFFECTIVE TO ELIMINATE A CONVICTION FOR IMMIGRATION PURPOSES
Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir. 2002) ("[f]or immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state's rehabilitative statute.").
CONTROLLED SUBSTANCES OFFENSES - DEPORTABILITY - BURDEN
Medina v. Ashcroft, 393 F.3d 1063, 1065 n.5 (9th Cir. 2005) (government bears the burden of proving that the possession of 30 grams or less of marijuana does not apply), agreeing with Sandoval v. INS, 240 F.3d 577, 581 (7th Cir.2001).
