Khodayari v. Mashburn, 200 Cal.App.4th 1184, 132 Cal.Rptr.3d 903 (2d Dist. Nov.

A federal agents authority to make arrests for state law violations is a question of state law. In Colorado, the provisions defining peace officer are Colo. Rev. Stat. 16-2.5-101 & 16-3-110. The definition covers law enforcement officers authorized by federal law or employing agency to use deadly physical force in the performance of their duties. In 8 U.S.C. 1357, Congress authorized the Attorney General to issue regulations relating to deadly force. The deadly force regulations are found at 8 CFR 287.8(a)(2).

BIBLIOGRAPHY ROLE OF IMMIGRATION JUDGES
Denise Noonan Slavin & Dana Leigh Marks, Conflicting Roles Of Immigration Judges: Do You Want Your Case Heard By A "Government Attorney" Or By A "Judge"?, 16 BENDERS IMM. BULLETIN 1785 (Nov. 15, 2011).
http://xa.yimg.com/kq/groups/3815052/2035291105/name/Conflicting%20Roles...

Aarti Kohli, Peter L. Markowitz, and Lisa Chavez, Secure Communities by the Numbers: An Analysis of Demographics and Due Process (October 2011). http://www.detentionwatchnetwork.org/node/2840

This report found that young Latinos are imprisoned and removed at rates higher than is true of the immigration population generally. The report states:

-- approximately 3,600 US citizens have been apprehended by ICE through S-Comm (at 4);
-- 39% of the people identified for deportation by ICE in our study reported having a U.S.

Assault with a mens rea of negligence, with no element that the victim is a minor, and where the judicially noticeable record of conviction does not indicate minority of the victim, should not be considered a crime involving moral turpitude. Washington Assault in the Third Degree, a Class C felony, has two subsections that may be committed negligently. See Matter of Perez-Contreras 20 I&N Dec 615 (BIA 1992). A negligent assault is also not a crime of violence aggravated felony. See Leocal v. Ashcroft 543 US 1 (2004).
Thanks to Jonathan Moore.

When the ICE hold has expired 48 hours after the release time from criminal custody, the jail should release the defendant despite the expired hold. If they do not, (1) talk to the most senior Officer in Charge of the Jail and threaten a lawsuit for false arrest if the defendant is not released immediately (and inform the jailer that you will explore a class action for past violations with others); and (2) talk to County Counsel who represents the Sheriff and do the same. Thanks to Michael K. Mehr.

In a marijuana case, criminal defense counsel could try to enter a plea to possession of a controlled substance, in violation of Health & Safety Code 11350, instead of a marijuana offense, on the theory that the client possessed THC, which is on the controlled substances schedules applicable to Health & Safety Code 11350, et seq.

1. Pursuant to Federal Rules of Administrative Practice, rule 16, the record on review for enforcement of an agency order includes the pleadings, evidence, and other parts of the proceedings before the agency. The rule provides that the Court may direct that a supplemental, corrected record be prepared and filed if there is an omission from the record.

2. The Immigration Judge (IJ) and Board of Immigration Appeals (BIA) have a regulatory duty to furnish Petitioner with the reviewed and approved transcript of decisions upon notice of appeal.

It is possible, under some statutes criminalizing threats, for a threat to be punished even though (a) the defendant did not intend to carry out the threat, and (b) the defendant did not intend the threat to be believed. Under these circumstances it is possible the statute might punish a defendant who was merely negligent on these issues.

A mental state of mere negligence is insufficient to constitute a crime of moral turpitude.

http://www.najit.org/directory/FindanInterpreter.php
Thanks to Linda Ramirez .