INADMISSIBILITY " ALIEN SMUGGLING BAR " DEFINITION OF ENTRY
Parra-Rojas v. Attorney General U.S., ___ F.3d ___, ___, 2014 WL 1230001 (3d Cir. Mar. 26, 2014) (In the context of immigration law, to enter is a term of art referring to an alien crossing the United States border free from official restraint. United States v. Gonzalez"Torres, 309 F.3d 594, 598 (9th Cir.2002); see also United States v. Rivera"Relle, 333 F.3d 914, 919 (9th Cir.2003).
DETENTION " IMMIGRATION HOLDS
Galarza v. Szalczyk, __ F.3d __ (3d Cir. Mar. 4, 2014) (immigration detainers cannot compel a law enforcement agency to detain suspected aliens subject to removal; defendant-county was free to disregard the detainer, and therefore cannot use as a defense that its own policy did not cause deprivation of plaintiff's constitutional rights).
CANCELLATION OF REMOVAL " STOP-TIME RULE " NOTICE TO APPEAR
Urbina v. Holder, __ F.3d __ (4th Cir. Mar. 17, 2014) (service of notice to appears stopped time for cancellation of removal purposes even though the notice contained missing charges, and incorrect information).
CATEGORICAL ANALYSIS " MINIMUM CONDUCT " REASONABLE PROBABILITY OF PROSECUTION
United States v. Carrasco-Tercero, ___ F.3d ___, 2014 WL 983180 (5th Cir. Mar. 13, 2014) (showing the statute explicitly covers conduct that falls outside a generic removal ground is not necessarily sufficient to establish that there is a reasonable probability of prosecution, where the overbroad conduct is anachronistic and not prosecuted today).
AGGRAVATED FELONY " CRIMES OF VIOLENCE " ASSAULT WITH DEADLY WEAPON
United States v. Carrasco-Tercero, ___ F.3d ___, 2014 WL 983180 (5th Cir. Mar. 13, 2014) (New Mexico conviction of aggravated assault with a deadly weapon, under N.M. Stat. 30"3"2, was a crime of violence for illegal reentry sentencing purposes, notwithstanding that assault N.M. Stat.
DEPORTABILITY " ALIEN SMUGGLING " CONVICTION FOR AIDING IMPROPER ENTRY SUFFICIENT TO ESTABLISH GROUND OF DEPORTATION
Santos-Sanchez v. Holder, 744 F.3d 391 (5th Cir. Mar. 7, 2014) (federal conviction for aiding and abetting improper entry into the U.S., in violation of 8 U.S.C. 1325(a), established deportability under INA 237(a)(1)(E)(i), 8 U.S.C. 1227(a)(1)(E)(i), and conviction documents are sufficient to establish substantial evidence to support the BIA determination of deportability).
POST CON RELIEF " FEDERAL " MOTION TO WITHDRAW GUILTY PLEA " STANDARD OF REVIEW " ABUSE OF DISCRETION " DEFINITION
United States v. Urias-Marrufo, 744 F.3d 361, 369 (5th Cir. Feb. 28, 2014) (district court commits reversible error by failing to consider Padilla claim as a ground in support of a motion to withdraw a plea before imposition of sentence: We hold that when a Padilla claim is sufficiently presented during a motion to withdraw a plea, both legally and factually, a district court errs in failing to address the claim. Moreover, if the court finds that a Padilla violation occurred, that finding compels the court to permit the defendant to withdraw the guilty plea.).
POST CON RELIEF " FEDERAL " MOTION TO WITHDRAW GUILTY PLEA " STANDARD OF REVIEW " ABUSE OF DISCRETION
United States v. Urias-Marrufo, 744 F.3d 361 (5th Cir. Feb. 28, 2014) (A district court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.); quoting United States v. Mann, 161 F.3d 840, 860 (5th Cir. 1998).
POST CON RELIEF " FEDERAL " MOTION TO WITHDRAW GUILTY PLEA " STANDARD OF REVIEW
United States v. Urias-Marrufo, 744 F.3d 361, 364 (5th Cir. Feb.
POST CON RELIEF " GROUNDS " KNOWING AND VOLUNTARY PLEA " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO WARN OF ACTUAL IMMIGRATION CONSEQUENCES
United States v. Urias-Marrufo, 744 F.3d 361, 366 (5th Cir. Feb. 28, 2014) (To enter a knowing and voluntary guilty plea, the defendant must have a full understanding of what the plea connotes and of its consequence. (Footnote omitted.) The defendant must have notice of the nature of the charges against her, she must understand the consequences of her plea, and must understand the nature of the constitutional protections she is waiving. (Footnote omitted.) For a guilty plea to be voluntary, it must not be the product of actual or threatened physical harm, or ...