AGGRAVATED FELONY - CRIME OF VIOLENCE - FIREARMS - POSSESSION OF DEADLY WEAPON IN PENAL INSTITUTION
United States v. Rodriguez-Jaimes, __ F.3d __ (5th Cir. March 09, 2007) (Texas conviction for possession of a deadly weapon in a penal institution, in violation of Texas Penal Code 46.10(a)(2) is a crime of violence for Armed Career Criminal Act sentencing purposes, since it involves a serious potential risk of physical injury). http://caselaw.lp.findlaw.com/data2/circs/5th/0640281cr0p.pdf
RELIEF - 212(C) RELIEF - NO RETROACTIVE APPLICATION OF REPEAL OF FORMER INA 212(C) TO CONVICTION PREDATING THE REPEAL
Atkinson v. Atty Gen. of the U.S., ___ F.3d ___, 2007 WL 706586 (3d Cir. March 8, 2007) (the repeal of former INA 212(c) is impermissibly retroactive as applied to noncitizens who were convicted by jury, as the Supreme Court law on retroactivity does not require quid pro quo reliance upon the existence of 212(c)).
RELIEF - ADJUSTMENT OF STATUS
New AILF practice advisory: CIS Adjustment of Status of "Arriving Aliens" with an Unexecuted Final Order of Removal (March 8, 2007), at http://www.ailf.org/lac/lac_pa_060308_arraliens.pdf.
RELIEF - ADJUSTMENT OF STATUS
AILIF Practice Advisory: USCIS Adjustment of Status of "Arriving Aliens" with an unexpected final order of removal (March 8, 2007).
http://www.ailf.org/lac/lac_pa_060308_arraliens.pdf
JUDICIAL REVIEW - PETITION FOR REVIEW - NO JURISDICTION TO REVIEW DISCRETIONARY DECISION TO REVOKE VISA
Ghanem v. Upchurch, ___ F.3d ___ (5th Cir. March 6, 2007) (DHS decision to revoke a visa pursuant to 8 U.S.C. 1155 is discretionary, and so circuit court has no jurisdiction to review it).
http://caselaw.lp.findlaw.com/data2/circs/5th/0610499cv0p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - VEHICULAR HOMICIDE
United States v. Garcia-Espana, ___ F.Supp.2d ___, 2007 U.S. Dist. LEXIS 15696
(E.D. Wash. March 6, 2007) (defendant may not be convicted of illegal reentry after deportation, where INS erred in concluding that he was deportable because of his vehicular homicide conviction, which in turn, invalidated his deportation order, which violated his due process rights and therefore cannot serve as a predicate element of his 1326 conviction).
OVERVIEW - ILLEGAL RE-ENTRY
United States v. Garcia-Espana, ___ F.Supp.2d ___, 2007 U.S. Dist. LEXIS 15696
(E.D. Wash. March 6, 2007) (defendant may not be convicted of illegal reentry after deportation, where INS erred in concluding that he was deportable because of his vehicular homicide conviction, which in turn, invalidated his deportation order, which violated his due process rights and therefore cannot serve as a predicate element of his 1326 conviction).
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) -- MASSACHUSETTS CONVICTION OF ASSAULT ON OFFICER UNDER WANTON OR RECKLESS THEORY CONSTITUTED CRIME OF VIOLENCE UNDER 16(b) SINCE IT HAS A SUBSTANTIAL RISK THE DEFENDANT WILL USE FORCE TO COMMIT THE
Blake v. Gonzales, ___ F.3d ___, ___, 2007 WL 914865 (2d Cir. March 28, 2007) (Massachusetts statute defining offense of assault on police officer and other categories of public official, Massachusetts General Laws chapter 265, section 13D, under the wanton or reckless theory of assault, constitutes a crime of violence under 18 U.S.C. 16(b), since it offers a substantial risk the defendant will use force to commit the offense; the court found that Massachusetts law required physical or bodily injury to convict).
AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - FELONY -- MASSACHUSETTS MISDEMEANOR CONVICTION OF ASSAULT ON OFFICER CONSTITUTED FELONY UNDER FEDERAL DEFINITION OF FELONY SINCE MAXIMUM TERM OF IMPRISONMENT EXCEEDED ONE YEAR
Blake v. Gonzales, ___ F.3d ___, ___, 2007 WL 914865 (2d Cir. March 28, 2007) (Massachusetts conviction of assault on police officer, under Massachusetts General Laws chapter 265, section 13D, with suspended two-year sentence to imprisonment, constituted felony for purposes of being a crime of violence aggravated felony, as defined under 18 U.S.C. 16(b), since the court applied the federal definition of felony, 18 U.S.C.
CAL POST CON - GROUNDS - STATE ADVISAL STATUTE - PREJUDICE IS SHOWN WHERE DEFENDANT WOULD NOT HAVE ENTERED PLEA IF PROPERLY ADVISED; NOT NECESSARY TO SHOW OUTCOME OF TRIAL WOULD HAVE BEEN DIFFERENT
People v. Castro-Vasquez (2d Dist. March 26, 2007) ___ Cal.Rptr.3d ___, 2007 WL 882132 (prejudice from failure to deliver warning required by Penal Code 1016.5 is shown where it was reasonably probable defendant would not have pleaded guilty if properly advised; it was not necessary to show the outcome of the trial would have been different), following People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 210.
http://caselaw.lp.findlaw.com/data2/californiastatecases/b192721.pdf
