AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - UNLAWFUL SEX WITH A MINOR HELD AGGRAVATED FELONY
Afridi v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006) (California misdemeanor conviction of unlawful sexual intercourse with a minor, in violation of Penal Code 261.5(c), constituted sexual abuse of a minor aggravated felony under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for removal purposes, since the full range of conduct defined by the criminal statute fell within the common meaning of "sexual abuse of a minor," as encompassing any offense that involves "the employment, use, persuasion, inducement, enticement or coercion of a child to engage in . . .
AGGRAVATED FELONY - THEFT OFFENSE - FLORIDA STATUTE
Rebecca Sharpless, Practice Advisory, The Florida Theft Statute: Not an Aggravated Felony; Not a Crime Involving Moral Turpitude (Florida Immigrant Advocacy Center (FIAC), April 26, 2006). Summary: Convictions under Florida theft statute, F.S.S. 812.014(a) are in many cases neither aggravated felonies, nor crimes of moral turpitude because the statute defines "theft" more broadly than the "generic" definition of theft adopted by the BIA for aggravated felony purposes, since the statute includes appropriation of property, in addition to deprivation.
POST-CON - EFFECTIVE ORDER - NUNC PRO TUNC
Lawrence v. Gonzales, ___ F.3d ___, 2006 WL 1195679 (1st Cir. May 5, 2006) (where pre-IIRAIRA conviction was vacated on a basis of legal invalidity, but replaced with a new plea after IIRAIRA that also triggers removal, a waiver under INA 212(c) is unavailable where the new plea was not entered nunc pro tunc).
POST CON RELIEF - CONVICTION VACATED PURSUANT TO EXTRAORDINARY MOTION FOR NEW TRIAL, FOLLOWED BY DISMISSAL OF CHARGES, REMAINED A CONVICTION FOR IMMIGRATION PURPOSES SINCE NONCITIZEN FAILED TO ESTABLISH THAT CONVICTION HAD BEEN VACATED BASED ON A PROCEDUR
Ali v. U.S. Attorney General, ___ F.3d ___, 2006 WL 709870 (7th Cir. Mar. 22, 2006) (per curiam) (Georgia conviction of two counts of child molestation, followed by the granting of an extraordinary motion for a new trial, and the State of Georgia's motion to nolle prosse charges, continued to constitute a conviction under INA 101(a)(48)(A), 8 U.S.C.
POST CON RELIEF - STATE REHABILITATIVE RELIEF - SIMPLE POSSESSION - FEDERAL FIRST OFFENDER ACT
Aguiluz-Arellano v. Gonzales, ___ F.3d ___, 2006 WL 1133327 (9th Cir. May 1, 2006) (petitioners conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA), as he had a prior drug conviction).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373856p.pdf
POST CON RELIEF - PARDON - SUFFICIENCY OF PROOF OF PARDON - NO ERROR IN BIA REFUSAL TO CONSIDER UNCERTIFIED COPY OF GEORGIA PARDON
Ali v. U.S. Attorney General, ___ F.3d ___, 2006 WL 709870 (7th Cir. Mar. 22, 2006) (per curiam) (uncertified photocopy of purported pardon was "not sufficiently reliable to meet [] heavy evidentiary burden to reopen proceedings." even though it bore a signature and a seal, because under 8 C.F.R. 287.6, "an official record or entry . . .
IMMIGRANT POPULATION OF US
About 35.2 million foreign-born people live in the United States, about 12.1 per cent of the national population. Steven Camarota, Report (Center for Immigration Studies October 12, 2005), which is based on the Census Bureaus Current Population Survey (March 2005). The report estimates that there are about 9.7 million undocumented immigrants residing in the United States.
REMOVAL - CONSEQUENCES - SOCIAL SECURITY - LOSS OF BENEFITS
Removal causes loss of social security benefits under SSA Title II retirement funds earned over the working lifetime. Social Security Act 202(n)(1).
MANDATORY DETENTION -- RELEASE ON BOND AFTER DEMORE v. KIM FOR THOSE DEPORTABLE OR INADMISSIBLE FOR CMTS
On April 29, 2003, the United States Supreme Court narrowly reinstated the constitutionality of INA § 236(c), 8 U.S.C. § 1226(c), the immigration statute that requires the government to hold noncitizens without bond during deportation or exclusion proceedings, where they conceded they had been convicted of criminal offenses that rendered them subject to the mandatory detention statute and had not requested a hearing at which to argue they were not. Demore v. Kim, 538 U.S. 510, 123 S.Ct. 1708 (2003) (5 to 4 decision).
JUDICIAL REVIEW - NO JURISDICTION SINCE RESPONDENT WAS CONVICTED FOR TWO MORAL TURPITUDE OFFENSES
Balogun v. United States Attorney General, 304 F.3d 1303 (11th Cir. September 10, 2002)( "Because Balogun has committed two crimes that trigger the jurisdiction-strippping provisions of 8 U.S.C. § 1252(a)(2)(C), we do not have statutory authority to review the final order of the BIA.")
http://laws.lp.findlaw.com/11th/0012442ord.html
