§ 17.19 6. Failure to Register as a Sex Offender Conviction
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Effective July 27, 2006, Congress passed a law which adds a new deportation ground to the INA making deportable “[a]ny alien who is convicted under [18 U.S.C. § 2250] . . . .” While a federal conviction of violating 18 U.S.C. § 2250 triggers deportation and disqualification from eligibility for cancellation of removal for non-lawful permanent residents, it does not appear to trigger any other major adverse immigration consequences.
 INA § 237(a)(2)(A)(v), 8 U.S.C. § 1227(a)(2)(A)(v), added by Adam Walsh Child Protection and Safety Act of 2006, HR 4472, PL 109-248, § 401 (July 27, 2006).
 See § 24.5, infra.
DEPORTATION " SEX OFFENDER REGISTRATION VIOLATIONS
Nichols v. United States, ___ U.S. ___, 136 S.Ct. 1113 (Apr. 4, 2016) (sex offender was not required under the federal Sex Offender Registration and Notification Act, 42 U.S.C. 16911(1), 16913(a), (c), to update his registration in Kansas once he left his home and moved to the Philippines, since SORNA did not apply to residents of foreign countries); abrogating United States v. Murphy, 664 F.3d 798 (10th Cir. Dec. 23, 2011). http://www.supremecourt.gov/opinions/15pdf/15-5238_khlo.pdf
DEPORTATION GROUNDS " FAILURE TO REGISTER AS A SEX OFFENDER " FEDERAL CONVICTION ELEMENTS
United States v. Cabrera-Gutierrez, ___ F.3d ___, 2013 WL 2378574 (9th Cir. Jun. 3, 2013) (Congress has the authority to require a convicted sex offender who traveled interstate to register as a sex offender)
DEPORTATION " CONVICTION " FEDERAL " FAILURE TO REGISTER AS A SEX OFFENDER " SORNA APPLIES RETROACTIVELY
United States v. Mattix, 694 F.3d 1082 (9th Cir. Sept. 17, 2012) (the Sex Offender Registration and Notification Act applied retroactively to defendant at the time he failed to register as a sex offender).
DEPORTATION " FEDERAL SEX OFFENDER REGISTRATION " RETROACTIVITY
United States v. Elkins, 683 F.3d 1039 (9th Cir. Jun. 14, 2012) (applying SORNA to defendant based on his state conviction as a juvenile sex offender is not punitive, and therefore not a violation of the Ex Post Facto Clause of the U.S. Constitution).
DEPORTATION " FEDERAL CONVICTION OF FAILURE TO REGISTER AS A SEX OFFENDER " ELEMENTS " NO REQUIREMENT GOVERNMENT PROVE THAT THE DEFENDANT KNEW OF REGISTRATION REQUIREMENT
United States v. Crowder, 656 F.3d 870 (9th Cir. Aug. 30, 2011) (affirming federal conviction for failing to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a), where the government is not required to prove that a defendant knew that SORNA imposed a registration requirement in order to sustain a conviction under the statute).