CAL POST CON " PLEA NEGOTIATION IN LIGHT OF IMMIGRATION CONSEQUENCES " PROPRIETY
Alameda County District Attorneys Office, Guidelines Regarding the Consideration of Collateral Immigration Consequences During Plea Negotiations 1 (Oct.
CAL POST CON " CORRECTING STATE CRIMINAL HISTORY
Penal Code 11126(c) (provides for a hearing after denial of a request to correct California criminal history; no specific requirement on how fast the Department of Justice must investigate the claim in Sections (a) and (b)).
http://oag.ca.gov/sites/all/files/pdfs/fingerprints/forms/BCIA_8705.pdf
MORAL TURPITUDE " A TERM NOT IN COMMON USAGE
Matter of X, _____ (unpublished) (Aug. 28, 2012) ([W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. ... There is no indication that this applicant was aware that he had committed a crime involving moral turpitude at the time he submitted his 1-94W forms.
OVERVIEW " CONTACT WITH ICE
ICE Memo on Enforcement Actions at or focused on sensitive locations. http://www.aila.org/content/default.aspx?docid=41756
CONTROLLED SUBSTANCES " DEPORTATION " SINGLE OFFENSE EXCEPTION " CIRCUMSTANCE-SPECIFIC INQUIRY
Matter of Davey, 26 I&N Dec. 37 (BIA Oct. 23, 2012) (for purposes of INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i) (2006), the phrase a single offense involving possession for ones own use of thirty grams or less of marijuana calls for a circumstance-specific inquiry; respondent convicted of more than one marijuana-related offense arising out of the same underlying facts may still meet the single offense exception).
CONTROLLED SUBSTANCES " DEPORTATION " SINGLE OFFENSE EXCEPTION " CIRCUMSTANCE-SPECIFIC INQUIRY
Matter of Davey, 26 I&N Dec. 37 (BIA Oct.
DETENTION " MANDATORY DETENTION " JOSEPH HEARING " BURDEN OF PROOF ON GOVERNMENT
Matter of Davey, 26 I&N Dec. 37 (BIA Oct. 23, 2012) (The relevant question in a Joseph hearing is whether the DHS is substantially unlikely to prove a charge that would justify mandatory detention. Matter of Joseph, 22 I&N Dec. at 800. To prove a charge under section 237(a)(2)(B)(i), the DHS bears the burden of proving that the respondents conviction does not fall within the possession for personal use exception. See Matter of Moncada, 24 I&N Dec. 62, 67 n.5 (BIA 2007).
INADMISSIBILITY " APPLICANT FOR ADMISSION " ARRIVING LPR " COMMITTING ILLEGAL ACTIVITY AT PORT OF ENTRY
Matter of Martinez, 25 I&N Dec. 845, 848 (BIA 2012) (a lawful permanent resident of the United States may be treated as an applicant for admission, pursuant to INA 101(a)(13)(C)(iii), 8 U.S.C. 1101(a)(13)(C)(iii), where the returning LPR engaged in illegal activity at a United States port of entry by attempting to bring an undocumented juvenile alien into the United States); citing Matter of Rivens, 25 I&N Dec. 623 (BIA 2011).
AGGRAVATED FELONY " OBSTRUCTION OF JUSTICE " ACCESSORY AFTER THE FACT
Matter of Valenzuela Gallardo, 25 I&N Dec. 838, 841 (BIA 2012) (crime relate[s] to obstruction of justice within the meaning of INA 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S), if it includes the critical element of an affirmative and intentional attempt, motivated by a specific intent, to interfere with the process of justice, irrespective of the existence of an ongoing criminal investigation or proceeding); reaffirming Matter of Batista-Hernandez, 21 I&N Dec. 955 (BIA 1997); clarifying Matter of Espinoza, 22 I&N Dec. 889 (BIA 1999).