SENTENCE - PROBATION VIOLATION SENTENCE IS ADDED TO ORIGINAL SENTENCE FOR GUIDELINES PURPOSES
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) (to determine whether a sentence of 13 months was imposed, in assessing an illegal reentry sentence enhancement under U.S.S.G. 2L1.2(b)(1)(A)(I) for a drug trafficking conviction, the court includes the original sentence plus any additional sentence imposed on account of a probation violation), citing United States v. Moreno-Cisneros, 319 F.3d 456, 458 (9th Cir. 2003).
SENTENCE - CALIFORNIA PROBATION VIOLATION SENTENCE OF 365 DAYS INCLUDES PRIOR CREDIT FOR TIME SERVED UNLESS RECORD OF CONVICTION AFFIRMATIVELY SHOWS DEFENDANT CONSENTED TO SERVING A TOTAL SENTENCE IN LOCAL CUSTODY IN EXCESS OF 365 DAYS
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) (to determine whether a sentence of 13 months was imposed, in assessing an illegal reentry sentence enhancement under U.S.S.G.
SENTENCE - PROBATION VIOLATION
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) ("For purposes of U.S.S.G. 2L1.2(b), a "sentence imposed" does not include any part of a sentence that has been suspended. United States v. Moreno-Cisneros, 319 F.3d 456, 458 (9th Cir.2003) (interpreting U.S.S.G. 2L1.2 cmt. 1(A)(iv) (2001), having materially the same text as current 4A1.2(b)(2), which is incorporated by reference into current 2L1.2, see 2L1.2 cmt. 1(B)(vii)).
SENTENCE - SUSPENDED SENTENCE
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) ("For purposes of U.S.S.G. 2L1.2(b), a "sentence imposed" does not include any part of a sentence that has been suspended. United States v. Moreno-Cisneros, 319 F.3d 456, 458 (9th Cir.2003) (interpreting U.S.S.G. 2L1.2 cmt. 1(A)(iv) (2001), having materially the same text as current 4A1.2(b)(2), which is incorporated by reference into current 2L1.2, see 2L1.2 cmt. 1(B)(vii)).
AGGRAVATED FELONY - THEFT OFFENSE - AUTO BURGLARY CONSTITUTES ATTEMPTED THEFT
Ngaeth v. Mukasey, 545 F.3d 796 (9th Cir. Sept. 24, 2008) (California conviction for entering locked vehicle with intent to commit theft, in violation of California Penal Code 459 is an aggravated felony for immigration purposes as attempted theft).
DETENTION - HABEAS CHALLENGING DETENTION DOES NOT AFFECT FINALITY OF IMMIGRATION PROCEEDINGS
Mukasey v. Diouf, 542 F.3d 1222 (9th Cir. Sept. 18, 2008) (habeas petitions challenging detention do prevent an IJ decision from becoming final; noncitizen was detained under INA 241, not 236, while habeas was pending because immigration proceedings had become final despite habeas petition).
DETENTION - 90 DAY CLOCK FOR REMOVAL STARTS ONLY AFTER NONCITIZEN DATE OF LAST DOCUMENTED OBSTRUCTION OF REMOVAL BY NONCITITZEN
Mukasey v. Diouf, 542 F.3d 1222 (9th Cir. Sept. 18, 2008) (90-day clock for Immigration Authorities to remove noncitizen starts only after the final date the DHS can show documented evidence of obstruction by the noncitizen of the removal process).
DETENTION - 90 DAY CLOCK FOR REMOVAL - FILING HABEAS CHALLENGING REMOVAL IS NOT OBSTRUCTION OF REMOVAL
Mukasey v. Diouf, 542 F.3d 1222 (9th Cir. Sept. 18, 2008) (the filing habeas corpus petitions challenging detention cannot be considered an attempt by a noncitizen to obstruct removal for the purposes of the 90-day clock).
DETENTION - HABEAS CHALLENGE - FILING HABEAS CHALLENGE OF DETENTION DOES NOT CREATE "INDEFINITE DETENTION"
Mukasey v. Diouf, 542 F.3d 1222 (9th Cir. Sept. 18, 2008) (rejecting argument that because it was not possible to tell how long it would take for the courts to resolve various habeas petitions filed by noncitizen, the noncitizen was in "indefinite detention" mandating release).
VOLUNTARY DEPARTURE - FINALITY
Mukasey v. Diouf, 542 F.3d 1222 (9th Cir. Sept. 18, 2008) (IJ decision becomes administratively final after the tolling of a voluntary departure period).
