POST CON RELIEF " FEDERAL " SENTENCE " MOTION TO REDUCE SENTENCE FOR SUBSTANTIAL ASSISTANCE " RULE 35

United States v. Tadio, ___ F.3d ___, 2011 WL 5839660 (9th Cir. Nov. 21, 2011) (affirming reduced sentence under F.R. Crim. P. rule 35(b); court properly considered factors other than assistance, including those listed in 18 U.S.C. 3553(a), once court determined that the defendant provided substantial assistance to the government).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " RESIDENTIAL BURGLARY

Lopez-Cardona v. Holder, ___ F.3d ___, 2011 WL 5607634 (9th Cir. Nov. 10, 2011) (California conviction for residential burglary, in violation of Penal Code 459, constitutes a crime of violence under 18 U.S.C. 16(b), and is therefore a particularly serious crime); see United States v. Becker, 919 F.2d 568 (9th Cir. 1990) (California conviction of first-degree burglary under California Penal Code 459 is categorically a crime of violence under 18 U.S.C. 16(b) because the crime inherently involves a substantial risk of physical force); Leocal v. Ashcroft, 543 U.S. 1, 10, 125 S.Ct.

jurisdiction: 
Ninth Circuit

RELIEF " POLITICAL ASYLUM " PARTICULARLY SERIOUS CRIME " RESIDENTIAL BURGLARY

Lopez-Cardona v. Holder, ___ F.3d ___, 2011 WL 5607634 (9th Cir. Nov. 10, 2011) (California conviction for residential burglary, in violation of Penal Code 459, constitutes a crime of violence under 18 U.S.C. 16(b), and is therefore a particularly serious crime); see United States v. Becker, 919 F.2d 568 (9th Cir. 1990) (California conviction of first-degree burglary under California Penal Code 459 is categorically a crime of violence under 18 U.S.C. 16(b) because the crime inherently involves a substantial risk of physical force); Leocal v. Ashcroft, 543 U.S. 1, 10, 125 S.Ct.

jurisdiction: 
Ninth Circuit

DETENTION " DEPORTED NONCITIZEN HAS NO STANDING TO SUE

Mirmehdi v. United States, ___ F.3d ___, 2011 WL 5222884 (9th Cir. Nov. 3, 2011) (a noncitizen not lawfully in the United States may not sue for monetary damages claiming constitutionally invalid detention).

jurisdiction: 
Ninth Circuit

ADMISSION " ENTRY AS SPECIAL IMMIGRANT JUVENILE CONSTITUTES AN ADMISSION FOR IMMIGRATION PURPOSES

Garcia v. Holder, 659 F.3d 1261 (9th Cir. Nov. 2, 2011) (parole as a Special Immigrant Juvenile, under 8 U.S.C. 1255(h), qualifies as an admission "in any status" for the purposes of eligibility for cancellation of removal for Lawful Permanent Residents under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).

jurisdiction: 
Ninth Circuit

REMOVAL PROCEEDINGS " EVIDENCE " JUDICIAL NOTICE

Circu v. Gonzales, 450 F.3d 990, 993-95 (9th Cir. 2006) (en banc) (BIA may take judicial notice of a fact only if it gives the applicant notice of its intent to do so, and an opportunity to show cause why such notice should not be taken, or to present additional evidence; IJ violated due process by taking judicial notice of a new country conditions report without providing alien notice and an opportunity to respond); Getachew v. INS, 25 F.3d 841, 846-47 (9th Cir.

jurisdiction: 
Ninth Circuit

IMMIGRATION LAW " COMPLEXITY

Castro-ORyan v. U.S. Dept of Immigr. & Naturalization, 847 F.2d 1307, 1312 (9th Cir. 1988) (With only a small degree of hyperbole, the immigration laws have been termed second only to the Internal Revenue Code in complexity. (quoting Elizabeth Hull, Without Justice for All 107 (1985))).

jurisdiction: 
Ninth Circuit

CAL POST CON " APPEAL " FACTUAL BASIS " DEFENDANT ESTOPPED FROM CHALLENGING NO CONTEST PLEA FOR LACK OF FACTUAL BASIS, WITHOUT TRYING TO SET ASIDE THE CONCESSION, WHERE AT PLEA HE CONCEDED THERE WAS A FACTUAL BASIS

People v. Voit, ___Cal.App.4th ___, ___ Cal.Rptr.2d ___, 2011 WL 5607628 (6th Dist. Nov. 18, 2011) (defendant is estopped from trying to set aside his plea, for lack of a factual basis, without trying to set aside the concession, where he conceded at plea there was a factual basis).

jurisdiction: 
Other

INVESTIGATION " CRIMINAL RECORDS

Courtlink, a service of Lexis Nexis, provides criminal history information.
Thanks to Robert H. Gibbs.

jurisdiction: 
Other

INVESTIGATION " FOIA " REQUESTS MUST BE PROCESSED WITHIN 20 DAYS

Hajro v. USCIS, ___ F. Supp. 2d ___, 2011 WL 4854021 (N.D.Cal. Oct. 13, 2011) (USCIS must process FOIA cases in 20 days, track three cannot be limited to just persons in removal proceedings, and FOIA requests must be expedited upon a showing that substantial due process rights of the requestor would be impaired by the failure to process a request immediately).
Thanks to Kip Evan Steinberg.

jurisdiction: 
Other

 

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