State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn. App. 2011), review granted, revd in part and remanded (Minn. Feb. 28, 2012) (8 U.S.C. 1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime).

State v. Martinez, 729 S.E.2d 390,*457 (Ga., July 13, 2012) ("Regardless of the prior erroneous advice from plea counsel, the trial court correctly informed Martinez of the immigration consequences of his guilty plea, and he has therefore failed to prove that he was prejudiced by counsels deficient performance.")

American Immigration Council, Legal Action Center and National Immigration Project of the National Lawyers Guild, Practice Advisory, Deferred Action For Childhood Arrivals (Aug.

DACA Criminal Bars Chart. This one-page chart provides a brief overview of how a criminal history can affect an individuals application for Deferred Action. The chart is intended as a general reference and corresponds with the longer DACA Criminal Bars FAQ. http://www.ilrc.org/resources/daca-criminal-bars-chart

Updated: Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama.

U.S. Citizenship and Immigration Services announced in late August 2012 that it had approved 10,000 U visas, the annual statutory maximum. The U visa is for victims of certain crimes who are helpful with law enforcement investigations or prosecutions. An approved visa allows the person to remain in the U.S., get a work permit, and eventually apply for legal residency. 10,000 U visas were issued throughout this fiscal year, which ends on September 30, 2012.

Poison gas is a destructive device for purposes of "firearm" deportability under 8 U.S.C. 1227(a)(2)(C) because it is included in the definition under 18 U.S.C. 921(a)(4). California Penal Code 16460(a)(6) lists dry gas (co2) as a destructive device for state purposes. Other Penal Code sections make it a crime to possess a destructive device unlawfully. California Penal Code 18710, 18715. This apparently means that if co2 is a poison gas under federal law, then a person could be deported as a firearm offender for having a California conviction for unlawfully possessing dry gas.

See 10 U.S.C. 504(b) (requirements for enlistment in the Armed Forces: A person must be a U.S. national, lawful permanent resident, a citizen of certain Pacific Islands, or vital to the national interest in order to enlist lawfully; the Army checks a persons paperwork with DHS to see whether the person falls into one of those categories, and also runs a fingerprint check and other database checks).

Federal Youth Corrections Act expungements, under 18 U.S.C. 5021, may continue to be effective to eliminate the adverse immigration effects of federal criminal convictions. United States v. Gardner, 860 F.2d 1391, 1399, n.2 (7th Cir. 1988) (sentencing provisions of FYCA remain available for crimes committed after its repeal because to do otherwise would violate prohibition against ex post facto laws in U.S. Constitution); United States v. Countryman, 758 F.2d 574, 579 n.

Even if the client could get a FYCA expungement now, it has never insulated a noncitizen from "reason to believe" inadmissibility, which does not require a conviction. See, e.g, Castano v. INS, 956 F.2d 236 (11th Cir. 1992); Matter of Favela, 16 I&N Dec. 753 (BIA 1979). Thanks to Dan Kesselbrenner.

Even if the client could get a FYCA expungement now, it has never insulated a noncitizen from "reason to believe" inadmissibility, which does not require a conviction. See, e.g, Castano v. INS, 956 F.2d 236 (11th Cir. 1992); Matter of Favela, 16 I&N Dec. 753 (BIA 1979). Thanks to Dan Kesselbrenner.