POST CON RELIEF - EFFECTIVE ORDER - CONVICTION VACATED FOR IMMIGRATION REASONS STILL EXISTS
Sanusi v. Gonzales, ___ F.3d ___, 2007 WL 148760 (6th Cir. Jan. 23, 2007) ("We hold that the present case is distinguishable from Pickering on the ground that, unlike the petitioner in Pickering, petitioner Sanusi did not raise or argue any colorable legal basis for the vacation of his conviction[, since] it is well settled that there is no obligation to advise a criminal defendant of the collateral immigration consequences of entering a guilty plea."), citing El-Nobani v. United States, 287 F.3d 417, 421 (6th Cir. 2002).
CONVICTION - ARKANSAS PROCEDURE OF PAYING FINE IN LIEU OF COURT APPEARANCE CONSIDERED SUFFICIENT TO CONSTITUTE CONVICTION FOR IMMIGRATION PURPOSES
Sanusi v. Gonzales, ___ F.3d ___, 2007 WL 148760 (6th Cir. Jan. 23, 2007) (granting post-conviction relief on the basis that defendant did not know that by paying fine and avoiding court appearance, he was subjecting himself to deportation).
TRAC REPORT ON AGGRAVATED FELONIES
http://trac.syr.edu/immigration/reports/175/
JUDICIAL REVIEW - BIA HAS POWER TO ORDER REMOVAL
Guevara v. Gonzales, 472 F.3d 972 (7th Cir. Jan. 8, 2007) (BIA has power to order removal in first instance), following Lazo v. Gonzales, 462 F.3d 53, 54-55 (2d Cir.2006); Delgado-Reynua v. Gonzales, 450 F.3d 596, 600-01 (5th Cir.2006); Solano-Chicas v. Gonzales, 440 F.3d 1050, 1054 (8th Cir.2006); contra, Molina-Camacho v. Ashcroft, 393 F.3d 937, 940 (9th Cir.2004).
RELIEF - ADJUSTMENT OF STATUS - REFUGEE ADJUSTMENT REQUIRES NO LPR AT TIME OF ADJUSTMENT - ASYLEE ADJUSTMENT HAS NO SUCH REQUIREMENT
Gutnik v. Ashcroft, 469 F.3d 683 (7th Cir. 2006) (refugee adjustment under INA 209(a) specifically includes a requirement that the refugee has not acquired permanent resident status at the time of adjustment; INA 209(b) for asylee adjustments does not contain the same requirement, so a conditional resident could apply for asylee adjustment as long as she remains a refugee within the meaning of INA 101(a)(42)(A) and meets the other requirements).
RELIEF - ADJUSTMENT OF STATUS - ILLEGAL PRESENCE
Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006) (INA 212(a)(9)(C)(i)(I) does not bar adjustment of status under INA 245(i)); accord, Padilla-Caldera v. Gonzales, 453 F.3d 1237 (10th Cir. 2006) (INA 212(a)(9)(C)(i)(I) does not bar adjustment of status under INA 245(i)).
RELIEF - POLITICAL ASYLUM - RESEARCHING COUNTRY CONDITIONS
Criminal defense counsel should consider investigating the human rights situation in the client's country of origin. If the client may be persecuted or tortured if deported back, the criminal prosecutor or court may be more open to allowing a non-deportable plea bargain or granting post-conviction relief to eliminate a deportable prior conviction.
CRIM DEF - INVESTIGATION
Criminal defense counsel should consider investigating the human rights situation in the client's country of origin. If the client may be persecuted or tortured if deported back, the criminal prosecutor or court may be more open to allowing a non-deportable plea bargain or granting post-conviction relief to eliminate a deportable prior conviction.
JUDICIAL REVIEW - DISCRETION - ABUSE OF DISCRETION - ERROR OF LAW IS AUTOMATICALLY AN ABUSE OF DISCRETION
"A district court by definition abuses its discretion when it makes an error of law." Koon v. United States, 518 U.S. 81, 100, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996).
RELIEF - ASYLUM - PARTICULARLY SERIOUS CRIME
Morales v. Gonzales, 472 F.3d 689 (9th Cir. Jan. 3, 2007) (IJ erred in relying on facts in a Washington appellate court's opinion to determine whether petitioner's prior conviction was for a particularly serious crime, but a large portion of the facts relied upon applied to offenses for which she was not convicted).
http://caselaw.lp.findlaw.com/data2/circs/9th/0570672p.pdf
