CRIMES OF MORAL TURPITUDE " SILVA-TREVINO ANALYSIS " IMMIGRATION AUTHORITIES MUST EXERCISE DISCRETION WHETHER TO CONSIDER EVIDENCE OUTSIDE THE RECORD
Sanchez v. Holder, ___ F.3d ___, ___, 2014 WL 3329186 (7th Cir. Jul. 9, 2014) (True, the IJ and the Board retain substantial discretion in making the decision to consider evidence outside the formal record of conviction. Mata"Guerrero v. Holder, 639 F.3d 276, 277 (7th Cir.2011). However, the adjudicator must still exercise that discretion: The Board should have explained its determination that additional evidence was not necessary or appropriate to resolve the moral turpitude question, if that was indeed what the Board thought. See Silva"Trevino, 24 I. & N. Dec. at 704.
CATEGORICAL ANALYSIS " SILVA-TREVINO
Villatoro v. Holder, ___ F.3d ___, 2014 WL 3704037 (8th Cir. Jul. 28, 2014) (court assumed Eighth Circuit had intra-circuit split concerning whether to reject Matter of Silva Trevino, 24 I. & N. Dec. 687 (AG Nov. 7, 2008), or to defer to it), compare Bobadilla v. Holder, 679 F.3d 1052 (8th Cir. May 29, 2012) (deferring to Matter of Silva Trevino, with Guardado"Garcia v. Holder, 615 F.3d 900, 902 (8th Cir. 2010) (following prior Eighth Circuit law).
POST CON RELIEF " GROUNDS " PROSECUTION VIOLATION OF DUTY TO DISCLOSE FAVORABLE EVIDENCE " BRADY VIOLATION
Amado v. Gonzalez, ___ F.3d ___, 2014 WL 3377340 (9th Cir. Jul. 11, 2014) (superseding opinion) (reversing denial of habeas relief, where the prosecution had a Brady obligation to produce the witness' conviction and probation records and the evidence was material, rendering the government's failure to disclose it prejudicial).
CONTROLLED SUBSTANCES " ATTEMPTED POSSESSION
Alvarado v. Holder, ___ F.3d ___, 2014 WL 3608713 (9th Cir. Jul. 23, 2014) (Arizona conviction for attempted possession of a dangerous drug, in violation of Arizona Revised Statute 13-3407(A)(1), constituted a violation of state law relating to a controlled substance, for purposes of deportation, under the modified categorical analysis, where attachment to the plea agreement set the factual basis, which identified the controlled substance as methamphetamines).
NOTE: The court found that the argument that Arizona attempt is broader than federal attempt was waived for failure to exhaust.
CATEGORICAL ANALYSIS " RECORD OF CONVICTION " INDICTMENT " DISMISSED COUNTS
Alvarado v. Holder, ___ F.3d ___, ___, 2014 WL 3608713 (9th Cir. Jul. 23, 2014) (the government may not rely on the reference to methamphetamine in [Count I of ] the indictment, because the plea agreement dismissed the original Count I, and provided the defendant would enter a plea only to Modified Count One: Attempted possession of a dangerous drugs [sic], which did not identify any specific substance).
AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT WITH A DEADLY WEAPON
United States v. Jimenez-Arzate, 553 Fed.Appx. 700 (9th Cir. Jan. 24, 2014), panel rehearing granted, Jul. ___, 2014, ___ F.3d ___ (9th Cir. 2014) (California conviction for assault with a deadly weapon, in violation of Penal Code 245(a), is an aggravated felony crime of violence), rehearing granted since this conviction may no longer be a categorical match for the aggravated felony crime of violence definition, in light of the recent Ninth Circuit en banc decision in Ceron v. Holder, 747 F.3d 773 (9th Cir. Mar. 31, 2014).
Thanks to Kara Hartzler.
CATEGORICAL ANALYSIS " DIVISIBLE STATUTE " CONTROLLED SUBSTANCES
Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (Superseding amended opinion) (California offense of possession of a controlled substance, in violation of Health & Safety Code 11377(a), is a divisible statute, since some substances are federally listed and trigger deportation and removal, and others are not, so inadmissibility under INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II) must be assessed under the modified categorical analysis); Descamps v. United States, ___ U.S. ___, 133 S.Ct.
NATURE OF CONVICTION " RECORD OF CONVICTION " MINUTE ORDER
Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (Superseding amended opinion) (Where the minute order or other equally reliable document specifies that a defendant pleaded guilty to a particular count of a criminal complaint, the court may consider the facts alleged in the complaint.); citing Cabantac v. Holder, 736 F.3d 787, 793"94 (9th Cir.2013) (per curiam).
JUDICIAL REVIEW " PETITION FOR REVIEW " DUE PROCESS " BIA VIOLATED DUE PROCESS BY FAILING TO ADDRESS PETITIONERS CLAIMS
Coronado v. Holder, ___ F.3d ___, 2014 WL 3537027 (9th Cir. Jul. 18, 2014) (superseding amended opinion) (granting petition for review, for violation of due process, where BIA failed to address petitioner's due process claims alleging ineffective assistance of counsel and bias by the immigration judge).
CAL POST CON " VEHICLES " MOTION TO WITHDRAW PLEA " PENAL CODE 1018 " PERMITTED AFTER JUDGMENT
People v. Caruso (1959) 174 Cal. App2d 624, 633 ([A]lthough the code specifies that the withdrawal of a plea of guilty may be permitted before judgment (PC 1018), the court has the power to permit such withdrawal and the substitution of a not guilty plea after judgment has been pronounced.); citing People v.Campos (1935) 3 Cal. 2d 15, 43 P.2d 274.
