CRIMES OF MORAL TURPITUDE " FELONY COMMITTED TO BENEFIT A STREET GANG
Hernandez-Gonzalez v. Holder, ___ F.3d ___, ___, 2015 WL 618776 (9th Cir. Feb.
CRIMES OF MORAL TURPITUDE " POSSESSION OF A BILLY CLUB
Hernandez-Gonzalez v. Holder, ___ F.3d ___, 2015 WL 618776 (9th Cir. Feb. 13, 2015) (California conviction for a violation of Penal Code 12020(a)(1) for possession of a billy club, does not constitute a crime involving moral turpitude).
CRIMES OF MORAL TURPITUDE " POSSESSION OF A WEAPON
Navarro"Lopez v. Gonzales, 503 F.3d 1063, 1072 (9th Cir. 2007) (en banc) (No court has ever found possession of a weapon to be a crime involving moral turpitude.), overruled on other grounds by United States v. Aguila"Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc), abrogated by Descamps v. United States, 133 S.Ct. 2276 (2013); Matter of Serna, 20 I. & N. Dec.
CONVICTION " NATURE OF CONVICTION " CATEGORICAL ANALYSIS " REALISTIC PROBABILITY OF PROSECUTION
United States v. Burgos-Ortega, ___ F.3d ___, 2015 WL 468186 (9th Cir. Feb. 5, 2015) (Washington conviction for delivery of heroin, in violation of Revised Code of Washington 69.50.401(a)(1)(i) [manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.], was categorically a felony drug trafficking offense for illegal reentry sentencing purposes, rejecting an argument that conduct that falls under deliver in the state statute is broader than distribute in 21 U.S.C.
JUDICIAL REVIEW " CHOICE OF LAW WHERE IMMIGRATION JUDGE IS LOCATED IN DIFFERENT CIRCUIT THAN THE IMMIGRANT
Medina-Rosales v. Holder, ___ F.3d ___, ___, 2015 WL 756345 (10th Cir. Feb. 24, 2015) (where the immigrant and counsel are located in a circuit different from that in which the immigration judge conducts the hearing, the governing law is that of the circuit in which the immigration judge is located: The charging document establishes the hearing location, regardless of the location of the IJ and the holding of a video conference hearing.).
RELIEF " WAIVERS " INA 212(h) WAIVER " AGGRAVATED FELONY BAR
Medina-Rosales v. Holder, ___ F.3d ___, 2015 WL 756345 (10th Cir. Feb. 24, 2015) (the aggravated felony bar to eligibility for a waiver of inadmissibility under INA 212(h), applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States); but see Matter of Koljenovic, 25 I&N Dec. 219 (2010).
OVERVIEW " REMOVAL PROCEEDINGS " REINSTATEMENT
Luna-Garcia v. Holder, __ F.3d __ (10th Cir. Feb. 10, 2015) (if a noncitizen seeks reasonable fear proceedings following reinstatement of a prior order of removal, the reinstated order is not final until the reasonable fear proceedings are complete).
AGGRAVATED FELONY " CRIME OF VIOLENCE " THROWING A DEADLY MISSLE AT AN OCCUPIED VEHICLE
United States v. Estrada, ___ F.3d ___, 2015 WL 479969 (11th Cir. Feb.
RESOURCES " CLIENT INTAKE FORM " INTERACTIVE
The Immigrant Legal Resource Center has produced an Interactive Questionnaire for Immigration Analysis of criminal cases with immigration issues. See www.ilrc.org.
Here is a fillable form, to enable defenders to more easily capture information for an
immigration analysis.
http://www.ilrc.org/files/documents/n._16_crimimm_questionnaire_2015.pdf
DETENTION " ALTERNATIVES
DHS Office of Inspector General report on ICE alternatives to detention:
http://www.oig.dhs.gov/assets/Mgmt/2015/OIG_15-22_Feb15.pdf