POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - CONFLICT OF INTEREST
United States v. Elliot, 463 F.3d 858 (9th Cir. 2006) (defense counsels representation of a key witness and defendant concerning the same subject matter created at least an appearance of a conflict of interest)
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - PLEA NEGOTIATIONS - ERRONEOUS ADVICE TO REJECT PLEA BARGAIN BASED ON FAILURE TO RESEARCH THE LAW
Hoffman v. Arave, 455 F.3d 926 (9th Cir. 2006) (counsel ineffective by giving incompetent advice regarding prosecutions plea offer; counsel failed to be fully aware of state of the law in advising defendant whether to accept offer).
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO CONDUCT REASONABLE INVESTIGATION INTO BACKGROUND OF PROSECUTION WITNESS
Hovey v. Ayers, 458 F.3d 892 (9th Cir. 2006) (defense counsel failed to conduct a reasonable investigation into the background of jailhouse informants).
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO INVESTIGATE
Reynoso v. Giurbino, 462 F.3d 1099 (9th Cir. 2006) (counsel was ineffective in failing to investigate whether prosecution witnesses had been offered, or accepted, rewards in exchange for testimony).
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO INVESTIGATE
Rolan v. Vaughn, 445 F.3d 671 (6th Cir. 2006) (counsel was ineffective in failing to interview or present two witnesses defendant identified as being able to testify as to self-defense defense).
GOOD MORAL CHARACTER - FALSE TESTIMONY - MATERIALITY REQUIREMENT
Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("Gonzalez's misrepresentation [putting attorney's address in a different state as his own on an immigration application] is immaterial because his address had no bearing on his receipt of immigration benefits.").
GOOD MORAL CHARACTER - FALSE TESTIMONY - SUBJECTIVE INTENT TO OBTAIN BENEFITS
Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("A person does not have good moral character if he "has given false testimony for the purpose of obtaining any benefits under this chapter." 8 U.S.C. 1101(f)(6). "[T]estimony is limited to oral statements made under oath . . . [and] with the subjective intent of obtaining immigration benefits." Kungys v. United
States, 485 U.S. 759, 780, 108 S. Ct. 1537, 1551 (1988); see also
Beltran-Resendez v. INS, 207 F.3d 284, 287 (5th Cir.
RELIEF - NON-LPR CANCELLATION OF REMOVAL - PHYSICAL PRESENCE REQUIREMENT
Landin-Zavala v. Gonzales, 488 F.3d 1150 (9th Cir. May 25, 2007) (order of excludability, acceptance of voluntary departure, and subsequent deportation stop the accrual of physical presence required to become eligible for non-LPR cancellation of removal).
JUDICIAL REVIEW - BIAS AUTHORITY TO ENTER REMOVAL ORDER
The BIA must remand the case to the IJ for entry of an order of removal where the BIA has reversed the IJs that the respondent is not removable. Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-81 (9th Cir. 2003); James v. Gonzales, 464 F.3d 505 (5th Cir. 2006); Sosa-Valenzuela v. Gonzales, __ F.3d __, 2007 U.S. App. LEXIS 10052 (10th Cir. May 1, 2007).
United States v. Sandoval-Sandoval, 487 F.3d 1278 (9th Cir. May 23, 2007) (per curiam) (district court at sentencing properly relied on California abstract of judgment, for purpose of imposing a 16-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(A) in reliance on a factual finding that Defendant had been convicted earlier of "a drug trafficking offense for which the sentence imposed exceeded 13 months," since the document unequivocally contained the information needed), distinguishing United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir.
