CRIMES OF MORAL TURPITUDE " CUSTOMER OF PROSTITUTE

Matter of Gonzalez-Zoquiapan, 24 I. & N. Dec. 549, 554 (BIA 2008) (California conviction of a customer soliciting an act of prostitution, in violation of Penal Code 647(b), may or may not constitute a crime involving moral turpitude: [W]e note that there is a question whether the respondent's offense would constitute a crime involving moral turpitude under section 212(a)(2)(A)(i)(I) of the Act .).

jurisdiction: 
US Supreme Ct

CITIZENSHIP " DERIVATIVE CITIZENSHIP

Garcia v. USICE, ___ F.3d ___, 2011 WL 6825581 (2d Cir. Dec. 29, 2011) (petitioner can derive citizenship if he was in his father's legal custody when his father naturalized, looking in this case first to state law to determine whether there is an enforceable judicial determination or statutory grant of custody; if there is not, actual uncontested custody of the child controls).

jurisdiction: 
Second Circuit

EXTRADITION " U.S. COURT SHOULD NOT ANALYZE FOREIGN LAW EXCEPT TO ENSURE THE TREATY REQUIREMENTS HAVE BEEN SATISFIED

Skaftouros v. United States, ___ F.3d ___, 2011 WL 6355163 (2d Cir. Dec.

jurisdiction: 
Second Circuit

EXTRADITION " BURDEN OF PROOF ON HABEAS PETITIONER, NOT THE GOVERNMENT

Skaftouros v. United States, ___ F.3d ___, 2011 WL 6355163 (2d Cir. Dec. 20, 2011) (the burden of proof in the habeas proceeding challenging extradition is on the petitioner, not the United States).

jurisdiction: 
-2

JUDICIAL REVIEW " PETITION FOR REVIEW " NO ERROR TRANSFERRING RESPONDENT TO ANOTHER CIRCUIT

Calla-Collado v. Attorney General of the U.S., 663 F.3d 680 (3d Cir. Dec. 1, 2011) (petition for review of removal order denied, where petitioner's rights were not violated when he was transferred, as a prisoner, to another state in another circuit).

jurisdiction: 
Third Circuit

DETENTION " CANADIAN PRISONER TRANSFER " PROCESS

The process starts with the submission of all forms by the prisoner to the OEO through the prison counselor. This includes the Canadian forms which are forwarded to the Canadian counterparts. The Canadians do not appear to take any action until the United States agrees to the transfer. Action by Canada has been the problem in recent years. Thanks to Mark J. Mahoney. See Department of Justice Office of Enforcement Operations website.

jurisdiction: 
Other

PRACTICE ADVISORY POST CON RELIEF " MOTION TO REDUCE FELONY TO MISDEMEANOR RELIEF " WAIVERS " NON-LPR CANCELLATION " CMT CONVICTION BAR " BAR DOES NOT REQUIRE THAT THE CONVICTION ACTUALLY TRIGGER INADMISSIBILITY OR DEPORTABILITY

A reduction of a felony to a misdemeanor, in a jurisdiction in which the maximum sentence for a misdemeanor is no greater than one year, may enable a client to qualify for the Petty Offense Exception to CMT inadmissibility if the other requirements for the POE are met. INA 212(a)(2)(A)(ii)(II), 8 U.S.C. 1182(a)(2)(A)(ii)(II). See, e.g., California Penal Code 17(b)(3). If the felony is reduced to a misdemeanor, the maximum punishment for the offense is reduced to one year, which is small enough to qualify for the Petty Offense Exception. LaFarga v. INS, 170 F.3d 1213 (9th Cir.

jurisdiction: 
Other

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA

Neufville v. State, 13 A.3d 607, 614 (RI 2011) (Counsel is not required to inform their clients that they will be deported, but rather that a defendants plea would make [the defendant] eligible for deportation.); quoting Padilla v. Kentucky, 130 S. Ct. 1473, 1483 (2010).

jurisdiction: 
Other

CAL POST CON " VEHICLES " MOTION TO WITHDRAW PLEA " TIMELINESS

People v. Williams, 199 Cal.App.4th 1285, 132 Cal.Rptr.3d 241 (2d Dist. Oct. 14, 2011) (trial court properly denied a motion to withdraw the plea under Penal Code 1018, because it was not made prior to judgment: imposition of a prison term, and suspension of execution of that sentence, constituted a judgment).

jurisdiction: 
Other

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA

Neufville v. State, 13 A.3d 607, 614 (RI 2011)(dictum) (defendant with claim of ineffective assistance of counsel, under Padilla v. Kentucky, 130 S. Ct. 1473 (2010), probably cannot show prejudice if the defendant could have received a longer sentence at trial than was actually received by pleading guilty: when counsel has secured a shorter sentence than what the defendant could have received had he gone to trial, the defendant has an almost insurmountable burden to establish prejudice. . . .

jurisdiction: 
Other

 

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