CRIMES OF MORAL TURPITUDE " THREATS " DEADLY CONDUCT

Matter of Hernandez, 26 I. & N. Dec. 464 (BIA 2015) (Texas conviction of "deadly conduct" in violation of Texas Penal Code 22.05(a), which punishes a person who "recklessly engages in conduct that places another in imminent danger of serious bodily injury," is categorically a crime involving moral turpitude), relying upon Matter of Leal, 26 I&N Dec. 20 (BIA 2012), affd, 771 F.3d 1140 (9th Cir. 2014).

AGGRAVATED FELONY " FIREARMS OFFENSES " FIRST-DEGREE ARSON

Espinal-Andrades v. Holder, ___ F.3d ___, 2015 WL 268528 (4th Cir. Jan. 22, 2015) (Maryland conviction of first-degree arson, in violation of Md.Code Ann., Crim. Law 6"102, qualified as an aggravated felony under INA 101(a)(43)(E), 8 U.S.C. 1101(a)(43)(E), because the elements are identical to the elements of the federal arson statute, 18 U.S.C.

DETENTION " IMMIGRATION DETENTION " IMMIGRATION HOLD DISQUALIFIED DEFENDANT FROM ELIGIBILITY FOR MANDATORY SUPERVISION PORTION OF SENTENCE

People v. Camp, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 273088 (4th Dist. Jan. 21, 2015) (immigration hold disqualified defendant from eligibility for mandatory supervision portion of realignment , so criminal court modified sentence, terminated mandatory supervision, and ordered defendant released to ICE custody).

AGGRAVATED FELONY " THEFT OFFENSES " UNAUTHORIZED USE OF A MOTOR VEHICLE " DEFINITION OF THEFT

Castillo v. Holder, ___ F.3d ___, ___, 2015 WL 161952 (4th Cir. Jan. 14, 2015) (Virginia conviction of unauthorized use of a motor vehicle, in violation of Virginia Code 18.2"102 [take, drive or use any ... vehicle ... not his own, without the consent of the owner [ ] and in the absence of the owner, and with intent temporarily to deprive the owner [ ] of his possession [ ], without intent to steal the same, shall be guilty], did not categorically qualify as an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C.

RELIEF " ADJUSTMENT OF STATUE " INA 245(i) " EQUITABLE TOLLING

Prasad v. Holder, __ F.3d __ (4th Cir. Jan. 12, 2015) (April 30, 2001 deadline for submitting visa petition under INA 245(i), is not subject to equitable tolling).

INADMISSIBILITY " FALSE CLAIM TO US CITIZENSHIP " EVIDENCE

Mayemba v. Holder,776 F.3d 542 (8th Cir. Jan. 13, 2015) (Form I-9 is acceptable evidence before immigration court of proof of making a false claim of U.S. citizenship for immigration purposes; even if the I-9 form is expressed in the disjunctive[citizen or national], additional evidence may be examined to establish noncitizens intent upon checking the box, including testimony and other applications).

AGGRAVATED FELONY " FRAUD OFFENSES " LOSS AMOUNT " CANNOT INCLUDE LOSSES INCURRED PRIOR TO MOMENT DEFENDANT JOINED THE CONSPIRACY

United States v. Rice, ___ F.3d ___, 2015 WL 265459 (9th Cir. Jan. 22, 2015) (reversing sentence for conspiracy to commit money laundering offense, in violation of 18 U.S.C. 1956(a)(3)(A), since district court improperly based the sentence and restitution order on a loss amount that included money laundered before the defendant joined the conspiracy).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT WITH A DEADLY WEAPON

United States v. Jimenez-Arzate, ___ F.3d ___, 2015 WL 149802 (9th Cir. Jan. 12, 2015) (per curiam) (California conviction for assault with deadly weapon, in violation of Penal Code 245(a)(1), was categorically a crime of violence, for federal sentencing purposes, rejecting the argument that the California courts have weakened the intent requirement to recklessness, which involves insufficient intent to qualify, so United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009), is no longer good law in light of People v.

IMMIGRATION OFFENSES " ILLEGAL REENTRY " COLLATERAL ATTACK " PREJUDICE

United States v. Zamudio, ___ F.3d ___, 2015 WL 162855 (9th Cir. Jan. 14, 2015) (affirming illegal reentry conviction, where defendant failed to meet his burden in collaterally attacking his underlying deportation proceeding: even if the Immigration Judge erred in failing to advise defendant of his ability to apply for relief from removal, defendant suffered no prejudice because if he had obtained relief from removal for his 1994 conviction, he would have been rendered ineligible for relief from removal for his 2000 conviction).

CAL POST CON " GROUNDS " BREACH OF PLEA BARGAIN

People v. Alexander, ___ Cal.App.5th ___, 2015 WL 227974 (2d Dist. Jan. 16, 2015) (where defendant violated the plea agreement, the court properly sentenced him on his plea in accord with the statutory punishment, rather than in accord with the reduced sentence contemplated by the plea agreement; a defendant gets the benefit of a plea bargain once, and once spent, it is gone forever).
Cal Crim Def 20.38

 

TRANSLATE