Criminal Defense of Immigrants
Chapter
§ 17.19 (D)
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(D) Effective Date. The deportation ground is triggered only by convictions that occur on or after July 27, 2006, the date of enactment of this new ground of deportation. Because there is no “effective date” provision for this deportation ground, the statute will presumed to operate prospectively only and to apply only to convictions occurring on or after its effective date.[151]
[151] Cf. INS v. St. Cyr, 533 U.S. 289 (2001).
Updates
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
Ninth Circuit
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).