New Memo: HYPERLINK "http://bibdaily.com/pdfs/Langlois%208-5-08.pdf" http://bibdaily.com/pdfs/Langlois%208-5-08.pdf

People v. Chance, 44 Cal.4th 1164, 189 P.3d 971 (Aug. 18, 2008) (California assault is defined as, "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another;" the term "present ability" includes situations where the "defendant is several steps away from actually inflicting injury, or if the victim is in a protected position so that injury would not be immediate, in the strictest sense of that term;" the term "injury" includes "any attempt to apply physical force to the victim, and includes even injury to the victim's feelings.").

United States v. Calimlim, 538 F.3d 706 (7th Cir. Aug. 18, 2008) (sufficient evidence to convict husband and wife of forced labor and alien harboring for forcing noncitizen to work as housekeeper; statutes of conviction not unconstitutionally vague).

United States v. Posada-Carriles, 541 F.3d 344 (5th Cir. Aug. 14, 2008) (government's naturalization interview of defendant was not a mere pretext for a criminal investigation, and the government's conduct was therefore not so deceptive and outrageous that it merited dismissal of the indictment, even though interviewer knew noncitizen was not likely eligible for naturalization due to prior criminal activities, and had alerted DHS prior to interview).

Cospito v. Atty Gen. U.S., 539 F.3d 166 (9th Cir. Aug. 13, 2008) (decisions made by adjudicative officers at border or in making decision on adjustment of status to not collaterally stop DHS from raising same issues before IJ).

United States v. Garza, 541 F.3d 290 (5th Cir. Aug. 13, 2008) (sentencing guideline enhancement for creating a substantial risk of death or serious bodily injury to another person is not automatically applicable to any case in which defendant transports illegal aliens; court must make individual determination, apart from co-conspirators, based on the facts of each case).

United States v. Fuentes-Oyervides, 541 F.3d 286 (5th Cir. Aug. 13, 2008) (Ohio conviction for violation of Ohio R.C. 2925.03(A)(2), making it unlawful to knowingly "prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knew or had reasonable cause to believe the controlled substance was intended for sale or resale by the offender or another" was a "drug trafficking" crime for illegal re-entry sentencing purposes).

United States v. Medina-Valencia, 538 F.3d 831 (8th Cir. Aug. 13, 2008) (Texas conviction for indecency with a minor, in violation of Texas Penal Code 21.11(a)(1) not categorically sexual abuse of a minor for illegal re-entry sentencing purposes; "Subsection (a)(1), then, prohibits consensual sexual contact between two persons who are a day under 17, and of the same gender. This does not fit the ordinary, contemporary, common meaning of sexual abuse of a minor.")

United States v. Medina-Valencia, 538 F.3d 831 (8th Cir. Aug. 13, 2008) (Texas conviction for indecency with a minor, in violation of Texas Penal Code 21.11, is sexual abuse of a minor for illegal re-entry sentencing purposes where indictment indicated that minor was under the age of seventeen and the defendant was at least 8 years older).

Romero-Ruiz v. Mukasey, 538 F.3d 1057 (9th Cir. Aug. 13, 2008) (noncitizen who is not LPR at time of mothers naturalization is not eligible for derivative citizenship).