RELIEF - SUSPENSION OF DEPORTATION - STOP-TIME RULE APPLIED RETROACTIVELY TO CONVICTION PREDATING ENACTMENT OF RULE

Tabile v. Gonzales, ___ F.3d ___ (2d Cir. Dec. 5, 2006) (stop-time rule for suspension of deportation, providing that period of continuous residence ended upon the commission of certain offenses, was triggered by petitioner's criminal conviction, even through that offense occurred prior to enactment of the 1996 amendments to the INA).
http://caselaw.lp.findlaw.com/data2/circs/2nd/052955p.pdf

jurisdiction: 
Second Circuit

CITIZENSHIP - NATIONAL OF THE UNITED STATES

Dragenice v. Gonzales, 470 F.3d 183 (4th Cir. Dec. 4, 2006) (taking of military oath, required under 10 U.S.C.A. 502, is not sufficient to render noncitizen a national of the United States).
http://caselaw.lp.findlaw.com/data2/circs/4th/057050p.pdf

jurisdiction: 
Fourth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - FAILURE TO MAKE DETERMINATION CONSTITUTES LEGAL ERROR OF FAILURE TO EXERCISE DISCRETION - ABUSE OF DISCRETION

Patel v. Gonzales, 470 F.3d 216 (6th Cir. Dec. 4, 2006) (where BIA rejects underlying reason for an IJ's decision to deny voluntary departure, but makes no determination of its own on the issue, BIA has not exercised discretion, requiring remand for a ruling by the BIA on whether petitioner was entitled to voluntary departure).
http://caselaw.lp.findlaw.com/data2/circs/6th/063197p.pdf

jurisdiction: 
Sixth Circuit

RELIEF - CANCELLATION OF REMOVAL - STOP-TIME RULE APPLIED RETROACTIVELY TO CONVICTION PREDATING ITS PASSAGE

Valencia-Alvarez v. Gonzales, 469 F.3d 1319 (9th Cir. Dec. 6, 2006) (cancellation stop-time rule not impermissibly retroactive as to a noncitizen who was not eligible for cancellation of removal but for conviction of a criminal offense prior to April 1, 1997), distinguishing Sinotes-Cruz v. Gonzales, __ F.3d __ (Nov. 22, 2006) (stop-time rule impermissibly retroactive).
http://caselaw.lp.findlaw.com/data2/circs/9th/0570275p.pdf

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - GROUNDS - DENIAL OF CONTINUANCE

Haswanee v. U.S. Attorney General, 471 F.3d 1212 (11th Cir. Dec. 8, 2006)(petition for review granted vacating removal order, where IJ abused discretion in denying motion for a continuance where petitioner had an approved labor certification and an immediately available visa number, and had a pending visa petition).
http://caselaw.lp.findlaw.com/data2/circs/11th/0612636p.pdf

jurisdiction: 
Eleventh Circuit

DOMESTIC VIOLENCE - ELEMENTS OF OFFENSE - PREDICATE DOMESTIC VIOLENCE OFFENSE NEED NOT HAVE DOMESTIC RELATIONSHIP AS AN ELEMENT TO QUALIFY AS DOMESTIC VIOLENCE OFFENSE FOR PURPOSES OF FEDERAL FIREARM POSSESSION OFFENSE

United States v. Nobriga, ___ F.3d ___ , 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (predicate domestic violence offense need not have domestic relationship as an element to qualify as domestic violence offense for purposes of federal firearm offense, under 18 U.S.C. 922(g)(9), construing Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1)), following United States v. Belless, 338 F .3d 1063 (9th Cir. 2003); see White v. Dep't of Justice, 328 F.3d 1361 (Fed.Cir. 2003); United States v. Shelton, 325 F.3d 553 (5th Cir.

jurisdiction: 
Ninth Circuit

POST CON RELIEF - FEDERAL - CORAM NOBIS

United States v. Walgren, 885 F.2d 1417 (9th Cir. Sept. 13, 1989) (federal mail fraud conviction vacated on coram nobis, since mail fraud conviction rests upon the fundamental error that it was commission of a fraud that was not a crime and defendant met other requirements of coram nobis).

jurisdiction: 
Ninth Circuit

POST CON RELIEF - FEDERAL - CORAM NOBIS

May v. People of Guam, 2005 Guam 17, 2005 WL 2654274 (Oct. 18, 2005) (trial court erred in failing to recharacterize a habeas corpus petition, filed after custody had expired, as a petition for a writ of error coram nobis, but error was harmless since coram nobis would have been properly denied because it was presented too late, over 24 years after the conviction occurred, with no valid explanation for the delay).

jurisdiction: 
Other

SAFE HAVENS - NEW DEPORTATION GROUND - FEDERAL CONVICTION OF FAILURE TO REGISTER AS A SEX OFFENDER

     Effective July 27, 2006, Congress passed a law which adds a new deportation ground to the INA making deportable "[a]ny alien who is convicted under [18 U.S.C. 2250] . . . ." INA 237(a)(2)(A)(v), added by Adam Walsh Child Protection and Safety Act of 2006, HR 4472, PL 109-248, 401 (July 27, 2006). The law also renumbers former INA 237(a)(2)(A)(v) (pardons) as (vi). While a federal conviction of violating 18 U.S.C.

jurisdiction: 
Other

RECORD OF CONVICTION - ABSTRACT OF JUDGMENT - CALIFORNIA ERRORS IN ABSTRACT OF JUDGMENT

People v. Zackery, ___ Cal.App.3d ___ (Dec. 27, 2006) (clerk erroneously included information in minutes and abstract of judgment that were not part of pronouncement of sentence, and court compounded error by sentencing defendant on a count for which he had not been convicted).
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c0514...

jurisdiction: 
Lower Courts of Ninth Circuit

 

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