DIVISIBLE STATUTE - CONJUNCTIVE CHARGES
United States v. Torres-Romero, 537 F.3d 1155, 2008 WL 3843344 (10th Cir. Aug. 19, 2008) (looking to law of the state of conviction to determine whether conjunctive charge means that the defendant has admitted all of the conjunctive elements), agreeing with United States v. Morales-Martinez, 496 F.3d 356, 359 (5th Cir.2007).
MOTION TO REOPEN
Doissaint v. Mukasey, 538 F.3d 1167 (9th Cir. Aug. 18, 2008) (BIA cannot cure legal error in denial of petitioners motion to reopen, since motions to reopen are only for consideration of new evidence; to cure error BIA should have reconsidered original claim on the merits).
POST CON RELIEF - ATTORNEY CLIENT PRIVILEGE - WAIVER BY ASSERTING IAC CLAIM
Generally, the mere filing of a post-conviction claim does not waive the attorney-client privilege. Rather, it is when the claim asserts inadequacy or failures by former counsel that an implied waiver exists. There is conflict over the breadth of the waiver. In re Lott, 424 F.3d 446, 457-458 (6th Cir. 2005) (litigants cannot hide behind the privilege if they are relying upon privileged communications to make their case), stands for the position that the waiver is narrow, tailored to just those issues related to the claim, not to the entire relationship.
REMOVAL PROCEEDINGS - RIGHT TO IMPARTIAL JUDGE - DOJ INSPECTOR GENERAL REPORT ON ILLEGAL HIRING OF IMMIGRATION JUDGES
The Attorney General's illegal politicizing of the process of hiring immigration judges throws the impartiality of those judges into question, and raises the appearance of partiality that alone may be sufficient to require disqualification of those judges. http://www.aila.org/Content/default.aspx?docid=26074
SOLICITATION - "U" VISA STATUTE SPECIFICALLY INCLUDES SOLICITATION, ALONG WITH ATTEMPT AND CONSPIRACY, SO CONGRESS KNEW HOW TO INCLUDE IT WHEN IT WANTED TO
INA 101(a)(15)(iii), 8 U.S.C. 1101(a)(15)(iii) reads in relevant part: "the criminal activity referred to in this clause is that involving or more of the following or any similar activity in violation of Federal, State or local criminal law . . . or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes . . . ."
DETENTION - STATE HABEAS - OHIO HABEAS FOR FAILURE TO RELEASE PERSON FROM EXPIRED IMMIGRATION HOLD
In Ohio, habeas corpus can be sought and granted when a sheriff holds an immigrant beyond the 48 hour time limit contained in 8 C.F.R. 287.7(d). See http://www.co.medina.oh.us/medct_epublicnodr/pages/results2.aspx for Case No. 08CA0019-M. Thanks to Richard Renner.
DETENTION - STATE HABEAS - OHIO HABEAS FOR FAILURE TO RELEASE PERSON FROM EXPIRED IMMIGRATION HOLD
In Ohio, habeas corpus can be sought and granted when a sheriff holds an immigrant beyond the 48 hour time limit contained in 8 C.F.R. 287.7(d). See http://www.co.medina.oh.us/medct_epublicnodr/pages/results2.aspx for Case No. 08CA0019-M. Thanks to Richard Renner.
CRIM DEF - STATISTICS
Immigration cases continue to dominate federal enforcement efforts, making up well over half -- 58% -- of all federal prosecutions in April, according to timely data obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC). By comparison, prosecutions falling under the general category of drugs and narcotics made up only 16% of the total, while matters classified as involving white collar violations limped in at just under 5% for the same month.
FOIA - CHECK STATUS OF FOIA REQUESTS ON-LINE
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610...
AGGRAVATED FELONY - CRIME OF VIOLENCE - AIDING AND ABETTING ASSAULT WITH A DEADLY WEAPON
Ortiz-Magana v. Mukasey, 542 F.3d 653 (9th Cir. Sept. 09, 2008) (California conviction of aiding and abetting assault with a deadly weapon, under Penal Code 245(a)(1), constitutes a crime of violence aggravated felony for removal purposes).
