DIVISIBLE STATUTE - EXTRA ELEMENT
Matter of Gertsenshteyn, 24 I. & N. Dec. 111 (BIA 2007) (categorical approach to determining whether a criminal offense satisfies a particular ground of removal does not apply to the inquiry whether a violation of 18 U.S.C. 2422(a), interstate travel to engage in prostitution, was committed for "commercial advantage" and thus qualifies as an aggravated felony under INA 101(a)(43)(K)(ii), 8 U.S.C.
DIVISIBLE STATUTE ANALYSIS - RECORD OF CONVICTION - DOCUMENTS EXCLUDED - APPELLATE COURT DECISION
Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir. March 16, 2007) ("Because we agree with the BIA that the complaint provided sufficient evidence that Sharashidze targeted a minor, we need not address whether the INA's definition of "record of conviction" encompasses appellate court decisions.").
DIVISIBLE STATUTE ANALYSIS - DIVISIBLE STATUTE - STATUTE CONSIDERED DIVISIBLE, WITH RESPECT TO AGE OF VICTIM, EVEN THOUGH STATUTE DID NOT REFER IN ANY WAY TO AGE OF VICTIM
Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir.
OVERVIEW - PETITION FOR REVIEW - EXHAUSTION - DUE PROCESS CLAIM BEFORE ADMINISTRATIVE AGENCY
Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir. March 16, 2007)("[a]lthough petitioners generally do not have to exhause due process claims administratively, they must raise such claims when alleging procedural errors correctable by the BIA. See Capric v. Ashcroft, 355 F.3d 1075, 1087 (9th Cir. 2004)."). Compare, Singh v. Ashcroft, 383 F.3d 144 (3d Cir. Sept. 17, 2004) (Delaware conviction of unlawful sexual contact in the third degree under Del. C.
POST-CON - GROUNDS - FAILURE TO ADVISE POST-CON - DEPORTATION AS A COLLATERAL CONSEQUENCE
POST-CON - GROUNDS - FAILURE TO ADVISE POST-CON - DEPORTATION AS A COLLATERAL CONSEQUENCE
Sial v. State, 862 N.E.2d 702 (Ind. App. Mar. 16, 2007) ("to succeed as a post-conviction petitioner under these circumstances, Sial is required to establish special circumstances or specific facts showing that if his attorney had properly advised him of the penal consequences of a guilty plea-here, deportation-there is a reasonable probability that he would have chosen to proceed to trial.") (emphasis added)
POST CONVICTION RELIEF - NO PETITION FOR REVIEW JURISDICTION OVER HABEAS PETITION CHALLENGING CONVICTION
Sandher v. Gonzales, ___ F.3d ___ (2d Cir. March 15, 2007) (dismissing habeas petition that challenged criminal conviction, and had been transferred from district court to court of appeals under REAL ID Act of 2005 106 since section 106 does not apply to habeas petitions challenging a criminal conviction).
http://caselaw.lp.findlaw.com/data2/circs/2nd/064262p.pdf
JUDICIAL REVIEW - REAL ID DOES NOT TRANSFER HABEAS JURISDICTION OVER NONCITIZENS CHALLENGE OF CRIMINAL CONVICTION TO COURT OF APPEALS
Sandher v. Gonzales, ___ F.3d ___ (2d Cir. March 15, 2007) (dismissing habeas petition that challenged criminal conviction, and had been transferred from district court to court of appeals under REAL ID Act of 2005 106 since section 106 does not apply to habeas petitions challenging a criminal conviction).
http://caselaw.lp.findlaw.com/data2/circs/2nd/064262p.pdf
POST CONVICTION RELIEF - GROUNDS - MENTAL COMPETENCE - INVOLUNTARY MEDICATION
United States v. Valenzuela-Puentes, ___ F.3d ___ (10th Cir.
CAL POST CON - HABEAS CORPUS - CUSTODY -- DEFENDANT CAN CHALLENGE CONSTITUTIONALITY OF STATE CONVICTION BY HABEAS CORPUS, THOUGH DIRECT CUSTODY HAS EXPIRED, IF HE IS RESTRAINED OF HIS LIBERTY IN FEDERAL IMMIGRATION CUSTODY SOLELY ON ACCOUNT OF THE CONVICT
People v. Villa, ___ Cal.App.4th ___, 2007 WL 706941 (1st Dist.
