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).
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.
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.
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).
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)).
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.
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))).
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).
INVESTIGATION " CRIMINAL RECORDS
Courtlink, a service of Lexis Nexis, provides criminal history information.
Thanks to Robert H. Gibbs.
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.