POST CON RELIEF " VEHICLES " FEDERAL HABEAS CORPUS TO REVIEW STATE CONVICTION " STATUTE OF LIMITATIONS " EQUITABLE TOLLING

Al-Yousif v. Trani, ___ F.3d ___, 2015 WL 968432 (10th Cir. Mar. 6, 2015) (counsel's reliance on incorrect date did not warrant equitable tolling of Antiterrorism and Effective Death Penalty Act's one-year limitations period to file an application for a writ of habeas corpus under 28 U.S.C. 2254).

POST CON RELIEF " MOTION TO VACATE SENTENCE

Hernandez v. United States, 778 F.3d 1230 (11th Cir. Mar. 2, 2015) (reversing district court denial of an evidentiary hearing on a motion to vacate sentence under 28 U.S.C. 2255 based on ineffective assistance of counsel, since the motion alleged facts that, if true, would entitle the defendant to relief, but a district court need not hold an evidentiary hearing if the allegations are patently frivolous, based upon unsupported generalizations, or affirmatively contradicted by the record).

PRACTICE ADVISORY " CONTROLLED SUBSTANCES OFFENSES " FEDERAL FIRST OFFENDER ACT DISMISSALS ELIMINATE ALL IMMIGRATION CONSEQUENCES OF QUALIFYING CONVICTIONS EVEN THOUGH A STATE PROBATIONARY PERIOD LONGER THAN THE FFOA ONE-YEAR TERM WAS IMPOSED

The DHS sometimes argues that a state probation grant longer than the one-year probation period called for under the Federal First Offender Act, 18 U.S.C. 3706(a), disqualifies a conviction for treatment under Lujan-Armendariz v. INS, 222 F.3d 728, 749 (9th Cir. 2000), prospectively overruled by Nunez-Reyes v. Holder, 646 F.3d 684, 688 (9th Cir. 2011) (en banc). The court of appeals has jurisdiction to review the underlying legal error of the BIA in adopting this argument. See Singh v. Holder, 771 F.3d 647, 650 (9th Cir. 2014).

DETENTION " CUSTODY DETERMINATION GUILDELINES

ICE announces enhanced oversight and release procedures for custody determinations involving detainees with criminal convictions
https://www.ice.gov/news/releases/ice-announces-enhanced-oversight-and-r...

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

Woods v. Donald, ___U.S. ___, ___ S.Ct. ___, 2015 WL 1400852 (Mar. 30, 2015) (state court's determination that trial counsel was not per se ineffective in being absent from the courtroom for ten minutes during testimony concerning other defendants, was not contrary to the Supreme Court's Cronic decision); citing United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984).

RELIEF " GOOD MORAL CHARACTER " STATUTORY BARS " ACTUAL CONFINEMENT OVER 180 DAYS "

Matter of Valdovinos, 18 I&N Dec. 343, 344 (BIA 1982) (incarceration in a minimal security area with work furlough counts towards the 180 days for the statutory bar to showing Good Moral Character, under INA 101(f)(7), 8 U.S.C. 1101(f)(7)). Thanks to Kathy Brady.
http://www.justice.gov/eoir/vll/intdec/vol18/2929.pdf

DETENTION " BOND REDETERMINATION RULES NOT JURISDICATIONAL

Matter of Cerda Reyes, 26 I&N Dec. 528 (BIA 2015) (Immigration Judge erred in dismissing respondents bond determination for lack of jurisdiction when respondent was transferred to detention center outside Immigration Judges jurisdiction).

IMMIGRATION OFFENSES " FALSE STATEMENTS ON NATURALIZATION APPLICATION " ELEMENTS OF THE OFFENSE

United States v. Munyenyezi, ___ F.3d ___, ___, 2015 WL 1323336 (1st Cir. Mar. 25, 2015) (18 U.S.C. 1425(a) requires proof that the naturalized citizen must have misrepresented or concealed some fact, the misrepresentation or concealment must have been willful, the fact must have been material, and the naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment. Kungys v. United States, 485 U.S. 759, 767, 108 S.Ct. 1537, 99 L.Ed.2d 839 (1988); 18 U.S.C. 1425(b), makes it a crime for a person to knowingly ... procure ... naturalization ...

IMMIGRATION OFFENSES " MARRIAGE FRAUD

United States v. Ngige, ___ F.3d ___ (1st Cir. Mar. 17, 2015) (the charge was filed within the five-year statute of limitations, since defendant's submission of a psychological evaluation in support of her Violence Against Women Act (VAWA) petition was properly considered an overt act in furtherance of the conspiracy charged; since the conspiracy's objective was to pay the co-conspirators to help defendant "acquire a change of her immigration status" by "making false representations about her marriage and relationship," the psychological evaluation sought to achieve that goal).

 

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