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PRATICE ADVISORY " CONVICTION " PLEA OF NO CONTEST CREATES CONVICTION FOR IMMIGRATION PURPOSES, EVEN THOUGH THERE IS NO EXPRESS ADMISSION OF GUILT

A plea of no contest, or nolo contendere, is when a defendant does not expressly admit his guilt, but nonetheless waives his right to a trial and authorizes the court for purposes of the case to treat him as if he were guilty. North Carolina v. Alford, 400 U.S. 25, 35 (1970). A plea of no contest followed by any limitation on the clients freedom is a conviction for immigration purposes. INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A).

The BIA initially addressed the issue in Matter of C (1953), see: https://casetext.com/case/in-the-matter-of-c-47.

EXTRADITION " BOSNIA

Basic v. Steck, ___ F.3d ___, 2016 WL 1460549 (6th Cir. Apr. 14, 2016) (Secretary of State was empowered to extradite United States citizens to Bosnia, provided that other requirements of treaty between United States and Bosnia were met, and decision from Bosnian Court that included what appeared to be finding of probable cause and order for detention of naturalized citizen of United States, which constituted valid arrest warrant under Bosnian law, satisfied requirement of duly authenticated copy of the warrant of arrest under extradition treaty).

NATURE OF CONVICTION " CATEGORICAL ANALYSIS " ELEMENTS " JURY UNANIMITY REQUIREMENT

United States v. Mathis, 136 S.Ct. 894 (2016),granting certiorari in 786 F.3d 1068 (8th Cir. 2015)

IMMIGRATION OFFENSES " ILLEGAL RENTRY ATTEMPT " ELEMENTS " MENTAL STATE

United States v. Argueta-Rosales, ___ F.3d ___, 2016 WL 1425881 (9th Cir. Apr. 12, 2016) (government failed to prove noncitizen crossed into the United States with specific intent to enter into country free from official restraint where the defendant presented evidence that he crossed into the United States in a delusional state, believing he was being chased by Mexican gangs, and with the specific intent solely to place himself into the protective custody of United States officials).

EXTRADITION " MEXICO

Zhenli Ye Gon v. Lynch, ___ F.Supp.3d ___, 2016 WL 1384774 (D. Columbia Apr. 7, 2016) (where a magistrate judge issued a certificate of extraditability approving the proposed extradition of Zhenli Ye Gon from the United States to Mexico, the court dismissed the Petition for Writ of Error Coram Nobis, because there is no authority to suggest that coram nobis relief is available under these circumstances).

POST CON " MOTION TO REOPEN SUA SPONTE AFTER VACATED CONVICTION

The Board has frequently granted motions to reopen, sua sponte, after a conviction has been vacated. E.g., In Re: Jose Noel Meza-Perez A.K.A. Jose Noel Perez, 2011 Wl 899604 (BIA 2011) (unpublished) (The sole conviction underlying the respondent's removability under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. 1227(a)(2)(E)(i) (crime of domestic violence), has been vacated due to a defect in the criminal proceedings. The Board, therefore, will grant the respondent's motion sua sponte and terminate the proceedings.); In Re: Cesar Gomez-Rivas A.K.A.

AGGRAVATED FELONY " SENTENCE IMPOSED

United States v. Narez-Garcia, ___ F.3d ___, 2016 WL 1274034 (5th Cir.

CAL POST CON " POST CON RELIEF SUCH AS DEFERRED ENTRY OF JUDGMENT (DEJ) REMAINS APPROPRIATE AFTER EXPUNGEMENT DISMISSAL

People v. Tidwell, ___ Cal.App.4th ___ (6th Dist. Mar. 17, 2016) (a dismissal pursuant to section 1203.4 does not preclude relief under Proposition 47 and concede the trial court erred in denying defendants request to reduce the felonies to misdemeanors).

The court stated:

With certain exceptions, the effect of the dismissal is that the defendant shall . . . be released from all penalties and disabilities resulting from the offense of which he or she has been convicted . . . .

 

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