IMMIGRATION OFFENSES - POSSESSION OF FIREARM OR AMMUNITION BY NONCITIZEN UNLAWFULLY IN UNITED STATES OR ADMITTED TO UNITED STATES UNDER NONIMMIGRANT VISA
United States v. Latu, ___ F.3d ___ (9th Cir. March 19, 2007) (federal conviction affirmed for being noncitizen illegally present in the United States [i.e., not in valid immigrant, nonimmigrant or parole status] in possession of firearms or ammunition, and removable, since 18 U.S.C. 922(g)(5)(A) is constitutional under the Commerce Clause and was properly applied in defendant's case, despite noncitizen having filed an application for adjustment of status based on U.S. citizen spouse).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510815p.pdf
IMMIGRATION OFFENSES - POSSESSION OF FIREARM OR AMMUNITION BY NONCITIZEN UNLAWFULLY IN UNITED STATES OR ADMITTED TO UNITED STATES UNDER NONIMMIGRANT VISA
United States v. Latu, ___ F.3d ___ (9th Cir. March 19, 2007) (federal conviction reversed, on government concession of error, for being noncitizen admitted to United States on nonimmigrant visa, in possession of firearms or ammunition, under 18 U.S.C. 922(g)(5)(B)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510815p.pdf
POST-CONVICTION RELIEF - WHERE ONE CONVICTION AMONG TWO OR MORE IS REVERSED ON APPEAL, CASE SHOULD BE REMANDED FOR RESENTENCING
United States v. Latu, ___ F.3d ___ (9th Cir. March 19, 2007) (where one conviction is vacated on appeal, case should be remanded for resentencing on remaining counts), citing United States v. Bennett, 363 F.3d 947, 955 (9th Cir. 2004) ("When a defendant is sentenced on multiple counts and one of them is later vacated on appeal, the sentencing package comes unbundled.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - SOLICITATION OF INDECENT SEX ACT
Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir. March 16, 2007) (Illinois conviction of misdemeanor indecent solicitation of a sex act, under 720 ILCS 5/11-14.1 ["offers a person not his or her spouse any money, property, token, object, or article or anything of value to perform any act of sexual penetration as defined in Section 12-12 of this Code, or any touching, or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification]," constituted sexual abuse of a minor aggravated felony under INA 101(a)(43)(A), 8 U.S.C.
AGGRAVATED FELONY - DRUG TRAFFICKING - IDENTIFICATION OF DRUG CONTROLLED SUBSTANCES - IDENTIFICATION OF DRUG
More Drugs Apparently Not Listed on Federal Schedules: Difenoxin (CA- Schedule I; 11054(b)(15)), Propiram (CA-Schedule I; 11054(b)(41)), Tilidine (CA-Schedule I; 11054(b)(43)), Drotebanol (CA-Schedule I; 11054(c)(9)), Alfentany (CA-Schedule II; 11055(c)(1)), Bulk dextropropoxyphene (CA- Schedule II; 11055(c)(5)), and Sufentanyl (CA-Schedule II; 11055(c)(25)).
Thanks to Lisa Weissman-Ward.
INADMISSIBILITY - ADMISSIONS OF CONDUCT
Garcia-Lopez v. Ashcroft, 334 F.3d 840 n.4 (9th Cir. June 26, 2003) (respondent's representative cannot in proceedings concede a conviction that is not a conviction: "The INS also contends that Garcia-Lopez "admitted" that he was convicted of a felony because, in support of the initial application, Garcia-Lopez's accredited representative stated that Garcia-Lopez had received a felony sentence. As an initial matter, the representative's statement was patently inaccurate, as Garcia-Lopez was never actually sentenced.
RECORD OF CONVICTION - DOCUMENTS EXCLUDED - ADMISSION OF RESPONDENT IN PROCEEDINGS
Garcia-Lopez v. Ashcroft, 334 F.3d 840 n.4 (9th Cir. June 26, 2003) (respondent's representative cannot in proceedings concede a conviction that is not a conviction: "The INS also contends that Garcia-Lopez "admitted" that he was convicted of a felony because, in support of the initial application, Garcia-Lopez's accredited representative stated that Garcia-Lopez had received a felony sentence. As an initial matter, the representative's statement was patently inaccurate, as Garcia-Lopez was never actually sentenced.
AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION FOR SALE CONVICTION CONSTITUTES AGGRAVATED FELONY
United States v. Valle-Montalbo, 474 F.3d 1197, 2007 WL 286538 (9th Cir. Feb. 2, 2007) (California conviction of possession for sale of methamphetamines, in violation of Health & Safety Code 11378, constitutes drug trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes of enhancing an illegal reentry sentence by 16 levels pursuant to USSG 2L1.2(b)(1)(A)(i)).
AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH DEADLY WEAPON
United States v. Dominguez, __ F.3d __, 2007 WL 441885 (5th Cir. Feb. 12, 2007) (Florida conviction for assault with a deadly weapon, in violation of Florida Statutes 784.045(1)(a), is a crime of violence for illegal re-entry sentencing purposes; although under that statute, an aggravated battery could be committed by merely touching someone with a deadly weapon without the use of force, such touching created a sufficient threat of force to qualify as a crime of violence).
CRIMDEF - INTRODUCTION
The Myth of Immigrant Criminality and the Paradox of Assimilation: Incarceration Rates among Native and Foreign-Born Men
"[D]ata from the census and other sources show that for every ethnic group without exception, incarceration rates among young men are lowest for immigrants, even those who are the least educated. This holds true especially for the Mexicans, Salvadorans, and Guatemalans who make up the bulk of the undocumented population. The problem of crime in the United States is not caused or even aggravated by immigrants, regardless of their legal status.