CAL POST CON " GROUNDS " CANNOT CHARGE CONSPIRACY TO PARTICIPATE IN A STREET GANG
People v. Johnson, 205 Cal.App.4th 594, 140 Cal.Rptr.3d 711 (Apr. 26, 2012) (a defendant cannot properly be charged with conspiracy to actively participate in a criminal street gang, since a criminal street gang is, at its core, a form of conspiracy, and the People cannot charge a conspiracy to actively participate in a conspiracy).
CAL POST CON " SAFE HAVEN " KICKBACK FOR MEDICAL REFERRAL CRIMES OF MORAL TURPITUDE " REGULATORY OFFENSES
People v. Guiamelon, 205 Cal.App.4th 383, 140 Cal.Rptr.3d 584 (Apr. 24, 2012) (affirming conviction of a physician under Business and Professions Code 650 for paying illegal fees to persons who referred patients qualified for federal and state programs to her practice, where court would not construe 650 to add a scienter requirement not included in the statute as enacted).
SAFE HAVEN " AGGRAVATED FELONY " CRIME OF VIOLENCE
People v. Wolcott, 34 Cal.3d 92, 99-100, 665 P.2d 520 (July 7, 1983) (California conviction of robbery, in violation of Penal Code 211, does not require as an element either an attempt to inflict a violent injury, or the present ability to do so: it is defined by statute as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
CAL POST CON " GOVERNORS PARDON POST CON RELIEF " PARDON " CALIFORNIA
Governor Jerry Brown granted a full and unconditional governors pardon of 1984 convictions of crimes of moral turpitude in Apr., 2012. Thanks to Mathew Millen.
JUDICIAL REVIEW"PETITION FOR REVIEW"BIA DOES NOT ACCORD PRECEDENTIAL VALUE TO UNPUBLISHED BIA DECISIONS
8 C.F.R. 1003.1(g) (BIA accords no precedential value to its own unreported decisions); BIA Practice Manual, located on the internet at http://www.biahelp.com/BIA_Practice_Manual.html (discourages citation to unpublished decisions (emphasis added): (ii) Board decisions (non-precedent)."Citation to non-precedent Board cases by parties not bound by the decision is discouraged. When it is necessary to refer to an unpublished decision, the reference should include the aliens full name, alien registration number, the adjudicator, and the decision date.
RELIEF"WAIVERS"CANCELLATION"STOP-TIME RULE"NOTICE TO APPEAR
Matter of Cisneros, 23 I. & N. Dec. 668, 672 (BIA 2004) ([B]oth the overall design of the statute and Congress' concerns leading to its enactment indicate that the ``stop-time'' rule was not intended to extend to charging documents issued in earlier proceedings. Consequently, we conclude that the ``notice to appear'' referred to in section 240A(d)(1) pertains only to the charging document served in the proceedings in which the alien applies for cancellation of removal, and not to charging documents served on the alien in prior proceedings.).
Thanks to Jonathan Moore.
CRIMES OF MORAL TURPITUDE"MENTAL STATE"RECKLESSNESS
Idy v. Holder, 674 F.3d 111 (1st Cir. Mar. 23, 2012) (New Hampshire conviction of reckless conduct, in violation of N.H.Rev.Stat. Ann. 631:3 [recklessly engages in conduct which places or may place another in danger of serious bodily injury where the defendant is aware of and consciously disregards a substantial and unjustifiable risk] is a CMT).
CRIMES OF MORAL TURPITUDE"MENTAL STATE"RECKLESSNESS
Idy v. Holder, 674 F.3d 111 (1st Cir. Mar. 23, 2012) (New Hampshire conviction of reckless conduct, in violation of N.H.Rev.Stat. Ann. 631:3 [recklessly engages in conduct which places or may place another in danger of serious bodily injury where the defendant is aware of and consciously disregards a substantial and unjustifiable risk] is a CMT).
RELIEF"NACARA"ALIEN CREWMAN
Gonzalez v. Holder, 673 F.3d 35 (1st Cir. Mar. 14, 2012) (BIA properly classified noncitizen as alien crewman, therefore noncitizen was disqualified from NACARA).
CRIMES OF MORAL TURPITUDE"RECKLESS CONDUCT
Idy v. Holder, 674 F.3d 111 (1st Cir. Mar. 23, 2012) (New Hampshire conviction of reckless conduct, in violation of N.H.Rev.Stat. Ann. 631:3 [recklessly engages in conduct which places or may place another in danger of serious bodily injury where the defendant is aware of and consciously disregards a substantial and unjustifiable risk] is a CMT).