POST CON RELIEF " SENTENCE " GROUNDS " SUPERVISED RELEASE CONDITION UNCONSTITUTIONALLY VAGUE
United States v. Johnson, 626 F.3d 1085 (9th Cir. Nov. 29, 2010) (vacating condition of supervised release; due process prohibited setting a condition of supervised release that "either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.").
CONVICTION " DEFINITION " FEDERAL " FELON IN POSSESSION OF FIREARM " DEFINITION OF CONVICTION UNDER LAW OF JURISDICTION IN WHICH PRIOR FELONY OCCURRED
United States v. Anderson, 625 F.3d 1219 (9th Cir. Nov. 16, 2010) (federal offense of being a felon in possession of a firearm, under 18 U.S.C. section 922(g)(1), required only that the defendant be "convicted" of a previous felony, as defined by the jurisdiction in which the proceedings were held, and here California law treated a plea of nolo contendere as equivalent to a guilty plea).
IMMIGRATION OFFENSES " ILLEGAL REENTRY " EVIDENCE " BORDER PATROL AGENT PROVIDES FOUNDATION " EVIDENCE OF SEARCH OF COMPUTER DATABASE ADMISSIBLE DESPITE BEST EVIDENCE RULE
United States v. Diaz-Lopez, 625 F.3d 1198 (9th Cir. Nov. 9, 2010) (affirming illegal reentry conviction, over claims that a border patrol agent's testimony laid an insufficient foundation for the evidence against defendant to be admissible, and testimony that a search of a computer database revealed no record of a matter did not violate the best evidence rule when it was offered without the production of an "original" printout showing the search results).
REMOVAL PROCEEDINGS " DISCOVERY " DUE PROCESS REQUIRES GOVERNMENT TO PROVIDE DOCUMENTS NECESSARY TO LITIGATE RESPONDENTS CLAIMS
Dent v. Holder, 627 F.3d 365 (9th Cir. Nov. 9, 2010) (due process violated where noncitizen was not provided with documents in his A-file necessary to afford him an opportunity to fully and fairly litigate his removal and his defensive citizenship claim).
JUDICIAL REVIEW " DEFERENCE
Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. Nov. 5, 2010) (If the BIA issues or relies on a precedential determination to conclude that a particular crime is a CIMT, we accord it Chevron deference; otherwise, we defer to the BIA's determination only to the extent that it has power to persuade (Skidmore deference).), discussing Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 910-11, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984); Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).
CRIMES OF MORAL TURPITUDE " FALSE IMPRISONMENT
Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. Nov. 5, 2010) (California misdemeanor conviction of false imprisonment, in violation of Penal Code 236, was not a categorical crime of moral turpitude, because crime did not require noncitizen to have the intent to harm necessary for the crime to be base, vile or depraved).
STATUTORY INTERPRETATION " DEFERENCE " COURT OF APPEALS OWES NO DEFERENCE TO NON-PRECEDENTIAL DECISIONS OF THE BOARD OF IMMIGRATION APPEALS
Arobelidze v. Holder, 653 F.3d 513 (7th Cir. July 27, 2011 (... non-precedential Board decisions that do not rely on binding Board precedent are not afforded Chevron deference. Such a decision is entitled to respect ... only to the extent that [it has the] power to persuade.); citing Bailey v. Pregis Innovative Packaging, Inc., 600 F.3d 748, 751 (7th Cir.2010) (quotations omitted)).); see United States v. Mead Corp., 533 U.S. 218, 234"35, 121 S.Ct. 2164, 150 L.Ed.2d 292 (2001) (citing Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).
CONTROLLED SUBSTANCES " NATURE OF CONTROLLED SUBSTANCE " PAULUS DEFENSE NATURE OF CONVICTION " RECORD OF CONVICTION " CLERKS MINUTES OF SENTENCE
United States v. Benitez-De Los Santos, 650 F.3d 1157 (8th Cir. Aug. 18, 2011) (clerks minutes and abstract of judgment form part of the record of conviction, and are sufficient to establish that defendant pleaded guilty to specific count charged against him, for purposes of showing that controlled substance involved in the conviction was the one identified in the charge); following United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir.2008) (en banc).
DEPORTATION " FEDERAL CONVICTION OF FAILURE TO REGISTER AS A SEX OFFENDER " ELEMENTS " NO REQUIREMENT GOVERNMENT PROVE THAT THE DEFENDANT KNEW OF REGISTRATION REQUIREMENT
United States v. Crowder, 656 F.3d 870 (9th Cir. Aug. 30, 2011) (affirming federal conviction for failing to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a), where the government is not required to prove that a defendant knew that SORNA imposed a registration requirement in order to sustain a conviction under the statute).
CRIMES OF MORAL TURPITUDE " FEDERAL CONVICTION OF FAILURE TO REGISTER AS A SEX OFFENDER " ELEMENTS " NO REQUIREMENT GOVERNMENT PROVE THAT THE DEFENDANT KNEW OF REGISTRATION REQUIREMENT
United States v. Crowder, 656 F.3d 870 (9th Cir. Aug. 30, 2011) (affirming federal conviction for failing to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a), where the government is not required to prove that a defendant knew that SORNA imposed a registration requirement in order to sustain a conviction under the statute).
Note: This strengthens the argument that a federal conviction under 18 U.S.C 2250(a), is not a crime involving moral turpitude.
