ADJUSTMENT OF STATUS - INADMISSIBILITY - ILLEGAL REENTRY AFTER REMOVAL
Mortera-Cruz v. Gonzales, ___ F.3d ___, 2005 WL 1076166 (5th Cir. May 9, 2005) (INA 245(i), allowing noncitizens present without admission to adjust status, does not apply to noncitizens inadmissible to the United States under INA 1182(a)(9)(C)(i)(I), which makes permanently inadmissible noncitizens who enter the United States illegally after having previously been present in the United States for over one year (i.e. who have been in the United States for more than one year and have made multiple illegal entries)), accord Berrum-Garcia v. Comfort, 390 F.3d 1159 (10th Cir. 2004). Cf.
RELIEF - CONDITIONAL LAWFUL PERMANENT RESIDENT - REMOVAL OF CONDITION
Cho v. Gonzales, __ F.3d __ (1st Cir. April 19, 2005) (application to remove condition on lawful permanent resident status granted where noncitizen has satisfied good faith marriage requirement for eligibility under 8 U.S.C. 1186a(c)(4)(B)).
http://laws.lp.findlaw.com/1st/041437.html
IMMIGRATION CONSEQUENCES - INADMISSIBILITY - ADJUSTMENT OF STATUS
Matter of C-H-, 9 I. & N. Dec. 265 (Asst Commr 1961) (noncitizen in exclusion proceedings eligible to apply for adjustment of status if he or she is otherwise qualified).
ADJUSTMENT OF STATUS - DHS DOES BACKGROUND CHECKS ON PETITIONERS EVEN IF THEY ARE UNITED STATES CITIZENS
CIS currently does background checks on petitioners, even USC petitioners. Systems have been improved since 2000-2001, thus many people are being caught traveling and on I-90s.
CONVICTION - JURISDICTION - U.S. VIRGIN ISLANDS CONVICTION = STATE CONVICTION UNDER FEDERAL CAREER OFFENDER SENTENCE GUIDELINE
United States v. John, 936 F.2d 764 (3d Cir. 1991) (Virgin Islands conviction constitutes a conviction "under federal or state law" for purposes of enhancing a federal sentence).
CONVICTION - JURISDICTION - DISTRICT OF COLUMBIA CONVICTION = STATE CONVICTION UNDER FEDERAL CAREER OFFENDER SENTENCE GUIDELINE
United States v. Thomas, 361 F.3d 653 (D.C. Cir. 2004) (District of Columbia conviction constitutes a conviction "under federal or state law" for purposes of enhancing a federal sentence); see United States v. Torres-Rosa, 209 F.3d 4 (1st Cir. 2000); United States v. Morales-Diaz, 925 F.2d 535 (1st Cir. 1991).
CONVICTION - INDIAN TRIBAL COURT
Means v. Navajo Nation, __ F.3d __ (9th Cir. August 23, 2005) (indian tribe may exercise inherent sovereign judicial power in criminal cases against nonmember indians for crimes committed on the tribe's reservation)
CONVICTION - GUILTY PLEA - ALFORD PLEA
State v. Aquino, ___ Conn. ___, ___ n.1, 2005 Conn. App. LEXIS 226 (Conn. App. June 7, 2005) ("Under North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970), a criminal defendant is not required to admit his guilt, but consents to being punished as if he were guilty to avoid the risk of proceeding to trial. . . .
CONVICTION - STATUTORY DEFINITION - DOES NOT INCLUDE CONVICTIONS THAT HAVE BEEN REVERSED ON THE MERITS FOR REASONS RELATED TO THE FACTUAL BASIS FOR, OR PROCEDURAL VALIDITY OF, THE JUDGMENT
Matter of Marroquin, 23 I. & N. Dec. 705 (AG Jan. 18, 2005) ("This definition [of conviction, under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)], though broad, is clearly not intended to encompass convictions that have been formally entered but subsequently reversed on appeal or in a collateral proceeding for reasons pertaining to the factual basis for, or procedural validity of, the underlying judgment. Cf. In re P-, 9 I&N Dec. 293 (A.G.
CONVICTION - DEFINITION OF CONVICTION - DEFERRED ENTRY OF JUDGMENT
United States v. Valerio, __ F.3d __ (9th Cir. Mar. 28, 2006) (federal conviction for being a felon in possession of a firearm is affirmed despite the claim that he was not a convicted felon at all, because his deferred imposition of sentence and subsequent discharge under state law invalidated that status).
