LEGISLATION " EXECUTIVE ACTION " CRIME BARS

Please see this new Advisory on DAPA crimes bars, by ILRC and NIPNLG.
While the Advisory is written for criminal defenders, it includes a lot of information useful to immigration advocates. An additional Advisory for immigration practitioners is in the works. See www.nipnlg.org or see:
http://www.ilrc.org/files/documents/ar-dapa-criminal-defender-advisory-1...

CATEGORICAL ANALYSIS " MINIMUM CONDUCT " REALISTIC PROBABILITY

AILA Amicus Brief on Controlled Substances Convictions
http://www.aila.org/content/default.aspx?docid=50585
AILA amicus brief filed with the Supreme Court urging the Court to reject improper application of the realistic probability test in controlled substances context.

PRACTICE ADVISORY " CATEGORICAL APPROACH " REALISTIC PROBABILITY OF PROSECUTION

NIPNLGs and Immigrant Defense Projects latest advisory on Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), and the realistic probability test. This practice advisory assesses the current state of the federal court and agency case law on the realistic probability standard, and provides practice tips and litigation strategies for meeting this standard. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm

GOOD MORAL CHARACTER " 180-DAY CONFINEMENT " EFFECT OF SENTENCE REDUCTION

AILA Amicus Brief on Statutory Bar to Good Moral Character
http://www.aila.org/content/default.aspx?docid=50582
AILA amicus brief filed with the Tenth Circuit arguing that a sentence reduction is entitled to full faith and credit for purposes of calculating the 180-day confinement period found in the statutory bar to good moral character at INA 101(f).

MOTION TO REOPEN " NONCITIZEN WITH FINAL ORDER MAY MOVE TO REOPEN TO PURSUE ADJUSTMENT OF STATUS

Singh v. Holder, __ F.3d __ (9th Cir. Nov. 13, 2014) (BIA has jurisdiction to reopen removal proceedings to allow noncitizen to pursue adjustment of status under 8 C.F.R. 1003.2(a)), declining to follow Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT AND BATTERY

United States v. Martinez, ___ F.3d ___, 2014 U.S. App. LEXIS 15173 (1st Cir. Aug. 6, 2014) (Massachusetts convictions for assault and battery and simple assault, under Mass. Gen. L. ch. 265, 13A, did not categorically constitute crimes of violence under the Federal Sentencing Guidelines, U.S.S.G.

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Guzman v. Attorney General U.S., 770 F.3d 1077 (3d Cir. Nov. 3, 2014) (the stop-time rule, as enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104"208, div. C., 110 Stat. 3009 (1996) (IIRIRA) (effective April 1, 1997), codified at INA 240A(d)(1), 8 U.S.C.

INADMISSIBILITY " FALSE CLAIM TO US CITIZENSHIP " I-9 FORM

Dakura v. Holder, ___ F.3d ___ (4th Cir. Nov. 24, 2014) (an alien who falsely claims citizenship on a Form I-9 is thereby rendered inadmissible pursuant to the bar relating to false claims to U.S. citizenship).
http://www.ca4.uscourts.gov/Opinions/Published/132246.P.pdf

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Jaghoori v. Holder, 772 F.3d 764 (4th Cir. Nov. 18, 2014) (stop-time rule for cancellation of removal does not apply retroactively against convictions where offense and guilty plea occurred before April 1, 1997, the effective date of the legislation by which Congress promulgated the rule in INA 240A(d)(1)(B), 8 U.S.C.

AGGRAVATED FELONY " FIREARMS " FRAUDLENT PURCHASE OF FIREARMS FOR EXPORT

Franco-Casasola v. Holder, __ F.3d __ (5th Cir. Oct. 23, 2014) (federal conviction for violation of 18 U.S.C. 554(a), fraudulent purchase of firearms for export, is a divisible statute, as a target offense where the indictment must specify, and the prosecutor must prove, the underlying offense; record established aggravated felony firearms trafficking offense since the indictment specified a firearms trafficking offense).

 

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