IMMIGRATION OFFENSES " ILLEGAL ALIEN IN POSSESSION OF FIREARM
United States v. Ramos-Cruz, 667 F.3d 487 (4th Cir. Jan. 19, 2012) (undocumented noncitizen who applied for, and was denied, TPS prior to being found in possession of a firearm could be convicted as a "alien illegally or unlawfully in the United States" in possession of a firearm; leaving open the question of whether an undocumented noncitizen with TPS pending could be convicted under the same statute).
RELIEF " TPS
United States v. Ramos-Cruz, 667 F.3d 487 (4th Cir. Jan. 19, 2012) (undocumented noncitizen who applied for, and was denied, TPS prior to being found in possession of a firearm could be convicted as a "alien illegally or unlawfully in the United States" in possession of a firearm; leaving open the question of whether an undocumented noncitizen with TPS pending could be convicted under the same statute).
IMMIGRATION OFFENSES " ALIEN SMUGGLING " EVIDENCE " PROFILE EVIDENCE
United Staters v. Montes-Salas, 669 F.3d 240 (5th Cir. Jan. 26, 2012) (affirming conviction of alien smuggling against claim that trial court erred in admitting improper profile evidence, where border patrol agents testimony had not crossed line separating expert testimony on methods of operation to generic profile evidence in a way that was clear or obvious, as required to be cognizable on plain error review).
IMMIGRATION OFFENSES " ILLEGAL REENTRY " AGGRAVATED FELONY SENTENCE ENHANCEMENT
United States v. Nevares-Bustamante, 669 F.3d 209 (5th Cir. Jan. 25, 2012) (court may not impose illegal reentry sentence enhancement, under U.S.S.G. 2L1.2(b)(1)(A)(ii) (2009), where no removal order was issued or reinstated after the predicate conviction).
AGGRAVATED FELONY " RAPE " REQUIREMENT OF SEXUAL INTERCOURSE " DIGITAL PENETRATION INSUFFICIENT
Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. Jan. 12, 2012) (Montana conviction of felony sexual intercourse without consent, in violation of Mont.Code Ann. 45"5"503(1), knowingly have sexual intercourse without consent with a person of the opposite sex, not his spouse, was not categorically rape within the meaning of the aggravated felony rape definition, INA 101(a)(43)(A), 8 U.S.C.
AGGRAVATED FELONY " ATTEMPT
United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of attempted sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G.
AGGRAVATED FELONY " STATUTORY RAPE
United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of completed sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G.
AGGRAVATED FELONY " ATTEMPTED SEXUAL ASSAULT OF A CHILD " CRIME OF VIOLENCE
United States v. Sanchez, 667 F.3d 555 (5th Cir. Jan. 10, 2012) (Texas conviction of completed sexual assault of a child, in violation of Texas Penal Code 22.011(a)(2) and (c)(1), and 15.01(a), constituted a crime of violence, within the meaning of U.S.S.G.
POST-CON RELIEF " VEHICLES " HABEAS " CUSTODY " DEPORTED
Merlan v. Holder, 667 F.3d 538 (5th Cir. Dec. 6, 2011) (Noncitizen who has been deported to Mexico following a final order of removal is not "in custody" for purposes of 28 U.S.C. 2241).
JUDICIAL REVIEW " PETITION FOR REVIEW " INSUFFICIENT ANALYSIS BELOW
Siddiqui v. Holder, ___ F.3d ___ (7th Cir. Jan. 12, 2012) (reversing AAOs decision denying legalization for failure of proof of continuous residence in the United States, because the decision lacked individualized analysis and did not identify particular deficiencies in the substantial evidence submitted by Siddiqui; noncitizens counsel found 536 AAO decisions each using an identical paragraph of "analysis" of the evidence: An agency abuses its discretion when it fails to to issue opinions with rational explanations and adequate analysis of the record. Gebreeyesus v.