SENTENCE " SENTENCE IMPOSED " MAXIMUM SENTENCE
Several states have reduced the maximum sentence for misdemeanor offenses to 364 days. They include at least California, Nevada, New Mexico, and Washington. E.g., California Penal Code 18.5 (effective Jan. 1, 2014).
SAFE HAVENS " FEDERAL " DELIVERY OF FALSE WRITING AS TRUE
18 U.S.C. 1018 (Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this title or imprisoned not more than one year, or both.). (June 25, 1948, c. 645, 62 Stat. 753; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, 330016(1)(G), 108 Stat. 2147.) 1994 Amendments. Pub.L.
NATURE OF CONVICTION " CATEGORICAL ANALYSIS " DIVISIBLE STATUTES " REALISTIC PROBABILITY STANDARD " BURDEN OF PROOF
The Immigrant Defense Projects and NIP-NLGs latest advisory is on Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014), in which the Board applied Moncrieffe and Descamps and withdrew from Matter of Lanferman. The advisory describes the holding of the case and its impact on the (1) minimum conduct test; (2) divisibility; (3) realistic probability standard; and (4) relief eligibility burden of proof. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm
PRACTICE ADVISORY
Padilla dealt with two different IAC claims:
(1) Failure to advise of immigration consequences at plea; and
(2) Affirmatively misadvising of immigration consequences at plea.
Padilla v. Kentucky, 130 S. Ct. 1473 (2010).
The first claim is not retroactive. Chaidez v. United States, 133 S.Ct. 1103 (February 20, 2013). The second claim is retroactive. Chaidez specifically says it does not apply to affirmative misadvice IAC claims.
RELIEF " ASYLUM " TERMINATION " FRAUD
Matter of PSH, 26 I&N Dec. 329 (BIA 2014) ( To terminate a grant of asylum pursuant to 8 C.F.R. 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in the aliens asylum application and (2) the fraud was such that the alien was not eligible for asylum at the time it was granted; however, proof that the alien knew of the fraud in the application is not required in order to satisfy the first criterion.); clarifying Matter of ASJ, 25 I&N Dec. 893 (BIA 2012).
AGGRAVATED FELONY " CRIME OF VIOLENCE " DISCHARGE OF A FIREARM
Matter of Chairez, 26 I&N Dec. 349 (BIA 2014) (Utah conviction for violation of 76-10-508.1(1)(a), discharge of a firearm, is not categorically an aggravated felony crime of violence, since the offense may be committed recklessly).
AGGRAVATED FELONY " CRIME OF VIOLENCE " DISCHARGE OF A FIREARM
Matter of Chairez, 26 I&N Dec. 349 (BIA 2014) (Utah conviction for violation of 76-10-508.1(1)(b) and (c), discharge of a firearm in the direction of a building, person, or vehicle, is categorically an aggravated felony crime of violence).
SENTENCE " JUDICIAL CRITICISM OF EXCESSIVE INCARCERATION
United States v. Valdovinos, ___ F.3d ___, ___, 2014 WL 3686104 (4th Cir. Jul. 25, 2014) (Davis, Senior Circuit Judge, dissenting) (Our disagreement as to the outcome in this case stems, I think, less over the content and application of relevant precedent and more from a fundamental disagreement regarding our role as arbiters of a flailing federal sentencing regime.
STATUTORY INTERPRETATION " RETROACTIVITY " MANIFEST INJUSTICE
Velasquez-Garcia v. Holder, ___ F.3d ___, 2014 WL 3611591 (7th Cir. Jul. 23, 2014) (retroactive application of ambiguous statutory definition in Child Status Protection Act, imposing a one-year deadline for filing application, would have worked manifest injustice as applied to noncitizen where noncitizens one-year period expired months before new requirement was announced).
RELIEF " WAIVERS " NON-LPR CANCELLATION OF REMOVAL " CONVICTION OF CRIME OF MORAL TURPITUDE
Coyomani-Cielo v. Holder, ___ F.3d ___, 2014 WL 3401248 (7th Cir. Jul. 14, 2014) (BIA reasonably interpreted ambiguous statute, INA 240A(b)(1)(C), 8 U.S.C. 1229b(b)(1)(C), to mean that noncitizen convicted of crime of moral turpitude was ineligible for cancellation of removal for non-LPRs, even though conviction fit within petty offense exception to inadmissibility, since noncitizen could be found deportable for a single CMT), deferring to BIA decision in Matter of Cortez, 25 I. & N. Dec. 301 (BIA 2010).
