AGGRAVATED FELONY - CRIME OF VIOLENCE - AGGRAVATED STALKING
United States v. Esquivel-Arellano, ___ F.3d ___, 2006 U.S. App. LEXIS 29538 (11th Cir. Nov. 30, 2006) (Georgia conviction of aggravated stalking, in violation of G.S.A. 16-5-91, prohibits a wide range of conduct and does not categorically constitute a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii)).
JUDICIAL REVIEW - HABEAS CORPUS - DETENTION CHALLENGE PROPER EVEN THOUGH IT INVOLVES A CLAIM PETITIONER IS NOT SUBJECT TO REMOVAL ORDER
Madu v. U.S. Attorney Gen., 470 F.3d 1362 (11th Cir. Dec. 1, 2006) (reversing district court's determination dismissing habeas petition challenging the petitioner's detention and impending removal on the ground that he is not subject to a removal order on the basis it amounts to a challenge to a final administrative order of removal within the meaning of REAL ID Act, 106(c), remanding case for proceedings under 28 U.S.C.
CITIZENSHIP - NATIONAL OF UNITED STATES - CITIZEN OF PALAU FORMER US TRUST TERRITORY
A citizen of Palau (former US Trust Territory), whose father is Micronesian, is visa exempt per 8 CFR 212.1(d). They are admitted and inspected the way a Canadian might be. The CIS Fact Sheet about citizens of Micronesia states that they are free to live and work in the US. The Fact Sheet clearly states that they are not citizens or nationals of the US, so they are subject to removal. These citizens are subject to the grounds of inadmissibility, but do have the right to live and work here as conditions of their admission. Thanks to Sophie I. Feal.
STATISTICS - ILLEGAL DEPORTATION OF US CITIZENS AND LEGAL RESIDENTS
Millions of people have been illegally deported from the U.S. by using local law enforcement as immigration officers. F. Balderama & R. Rodriguez, DECADE OF BETRAYAL. See also California Government Code Chapter 8.5 (commencing with 8720) to Division 1 of Title 2. In this statute, based on the book, it says: "In California alone, approximately 400,000 American citizens and legal residents of Mexican ancestry were forced to go to Mexico beginning in 1929.
JUDICIAL REVIEW - QUESTIONS OF LAW
Chen v. USDOJ, __ F.3d __ (2d Cir. Dec. 7, 2006) (definition "question of law" for purpose of judicial review is not limited to questions of statutory construction), revising prior opinion, 434 F.3d 144 (2d Cir. 2006).
POST-CON - STATE ADVISAL STATUTES - ALASKA
Ak.R.Crim.P. 11(c)(3)(C) (requiring Alaska state court judges to advise criminal defendants that a criminal conviction may have adverse immigration consequences).
AGGRAVATED FELONY - DRUG TRAFFICKING - SECOND POSSESSION - PRIOR MUST BE PLEADED AND PROVEN
The Supreme Court decision in Lopez strengthens the argument that a second conviction of possession of a controlled substance does not constitute an aggravated felony drug trafficking offense, under the hypothetical federal felony approach, because Lopez is strict in requiring a state offense to correspond to a federal felony before it will constitute an aggravated felony.
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL
Edwards v. LaMarque, ___ F.3d ___, WL 270118 (9th Cir. Feb. 1, 2007) (reversing grant of habeas on ineffective assistance grounds where, despite a self-proclaimed assertion by trial counsel that his performance was inadequate, a California court was not objectively unreasonable in determining that defendant's counsel made a reasonable, tactical decision to ask the questions that led to his waiver of the spousal privilege).
http://caselaw.lp.findlaw.com/data2/circs/9th/0455752p.pdf
RELIEF - 212(C) RELIEF - CANCELLATION - SIMULTANEOUS RELIEF CANNOT BE GRANTED
Garcia-Jimenez v. Gonzalez, 472 F.3d 679 (9th Cir. Jan. 2007) (one cannot obtain cancellation of removal for permanent residents if relief is granted under former INA 212(c) at any time, even during the same proceedings); compare Sinotes-Cruz v. Gonzalez, 468 F.3d 1190 (9th Cir. Nov.
POST CON RELIEF - VIRGINIA - CORAM NOBIS
Commonwealth v. Mohamed, 71 Va. Cir. 383, 2006 Va. Cir. LEXIS 244 (County Circuit Ct. Aug. 18, 2006) (Virginia coram vobis relief granted on claim of ineffective assistance of counsel since both defendant and court were unaware of immigration consequences at the time of plea, so sentence amended from two years to 360 days).
http://bibdaily.com/pdfs/Mohamed%208-18-06.pdf