IMMIGRATION OFFENSES " ILLEGAL REENTRY " COLLATERAL ATTACK " EXPEDITED REMOVAL

United States v. Raya-Vaca, ___ F.3d ___, 2014 WL 5802287 (9th Cir. Nov. 10, 2014) (expedited administrative removal order under INA 235 violated due process where immigration officer failed to comply with 8 C.F.R. 235.3(b)(2)(i), and no prejudice need be shown).

CRIMES OF MORAL TURPITUDE " UNAUTHORIZED DRIVING A VEHICLE

Almanza-Arenas v. Holder, ___ F.3d ___ (9th Cir. Nov. 10, 2014) (California conviction of violating Vehicle Code 10851(a), a statute that criminalizes both conduct that would constitute a crime of moral turpitude " taking a vehicle with intent permanently to deprive the owner, and conduct that does not amount to a crime of moral turpitude " taking with intent temporarily to deprive the owner " was not categorically a crime of moral turpitude and does not render respondent ineligible for non-LPR cancellation of removal under 8 U.S.C.

CRIMES OF MORAL TURPITUDE " UNAUTHORIZED DRIVING A VEHICLE " NOT A DIVISIBLE STATUTE

Almanza-Arenas v. Holder, ___ F.3d ___ (9th Cir. Nov.

CONVICTION " NATURE OF CONVICTION " MODIFIED CATEGORICAL ANALYSIS OF A DIVISIBLE STATUTE

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (Where the petitioner was convicted under a divisible statute, we apply the modified categorical approach to determine which alternative element in a divisible statute formed the basis of the defendants conviction. Descamps, 133 S. Ct. at 2293. This inquiry is legal, not factual, because the [Immigration and Nationality Act] asks what offense the noncitizen was convicted of, . . . not what acts he committed. Moncrieffe v. Holder, 133 S. Ct. 1678, 1685 (2013) (internal citations omitted).).

CONVICTION " NATURE OF CONVICTION " DIVISIBLE STATUTE " DEFINITION

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (The difference between indivisible and divisible statutes is that indivisible statutes may contain multiple, alternative means of committing the crime, [but] only divisible statutes contain multiple, alternative elements of functionally separate crimes. Rendon v. Holder, 764 F.3d 1077, 1084"85 (9th Cir. 2014) (emphasis in original).

RELIEF " BURDEN OF PROOF " INCONCLUSIVE RECORD OF CONVICTION

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (Almanza-Arenass record of conviction did not conclusively show whether or not he was convicted of a crime involving moral turpitude. The BIA not only engaged in the modified categorical approach impermissibly, but also determined that, where the record of conviction was inconclusive, the petitioner was ineligible for cancellation of removal. This was in error.

CONTROLLED SUBSTANCES OFFENSES "IDENTITY OF CONTROLLED SUBSTANCE AGGRAVATED FELONY " DRUG TRAFFICKING OFFENSES "IDENTITY OF CONTROLLED SUBSTANCE

United States v. De La Torre"Jimenez, ___ F.3d ___, 2014 WL 5786715 (9th Cir. Nov. 7, 2014) (California Health and Safety Code 11351 is materially indistinguishable from Health and Safety Code 11377(a), so Coronado controls and the modified categorical approach applies).

CRIMES OF MORAL TURPITUDE " RECKLESS ENDANGERMENT

Leal v. Holder, 771 F.3d 1140 (9th Cir. Nov.

CRIMES OF MORAL TURPITUDE " IDENTITY THEFT

Ibarra-Hernandez v. Holder, 770 F.3d 1280 (9th Cir. Nov. 5, 2014) (Arizona conviction of identity theft, in violation of Arizona Revised Statutes 13-2008(A), is a crime involving moral turpitude, under the modified categorical analysis, since the statute is divisible and the record shows that petitioner stole a real person's identity without their consent for the purpose of obtaining employment, which is inherently fraudulent and involves moral turpitude).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY

United States v. Prince, __ F.3d __ (9th Cir. Nov. 24, 2014) (California conviction for violation of Penal Code 211, robbery, is a violent felony under the residual clause for purposes of the Armed Career Criminals Act, as an offense that poses a serious risk of physical injury to another).

 

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