AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION
Gonzalez-Gonzalez v. Weber, ___ F.3d ___, 2006 WL 3791275 (10th Cir. Dec. 27, 2006) (state conviction of simple possession of cocaine held not to be an aggravated felony, for deportation purposes), following Lopez v. Gonzales, ___ U.S. ___, 2006 WL 3487031 (Dec. 5, 2006).
AGGRAVATED FELONY - DRUG TRAFFICKING - LOPEZ DECISION INTERPRETING STATUTE MUST BE APPLIED RETROACTIVELY
Gonzalez-Gonzalez v. Weber, ___ F.3d ___, 2006 WL 3791275 (10th Cir. Dec. 27, 2006) (Lopez v. Gonzales, ___ U.S. ___, 2006 WL 3487031 (Dec. 5, 2006), holding a state conviction of simple possession of cocaine cannot be an aggravated felony, for deportation purposes, must be applied retroactively because it holds that the statute always dictated that conclusion).
AGGRAVATED FELONY - DRUG TRAFFICKING - LOPEZ DECISION EFFECTIVELY OVERRULED PRIOR CONTRARY HOLDINGS EVEN THOSE RENDERED IN THE CRIMINAL SENTENCING CONTEXT
Gonzalez-Gonzalez v. Weber, ___ F.3d ___, 2006 WL 3791275 (10th Cir. Dec. 27, 2006) (Lopez v. Gonzales, ___ U.S. ___, 2006 WL 3487031 (Dec. 5, 2006), holding a state conviction of simple possession of cocaine cannot be an aggravated felony, effectively overruled prior contrary holdings, even those rendered in the criminal sentencing context, because the Supreme Court had previously held "[W]e must interpret the statute consistently, whether we encounter its application in a criminal or noncriminal context " Leocal v. Ashcroft, 543 U.S. 1, 11 n.
JUDICIAL REVIEW - STATUTORY INTERPRETATION - RETROACTIVITY -- JUDICIAL DECISION INTERPRETING STATUTE MUST BE GIVEN FULL RETROACTIVE EFFECT
Gonzalez-Gonzalez v. Weber, 472 F.3d 1198 (10th Cir. Dec. 27, 2006) ("[C]ases interpreting statutes are 'fully retroactive because they do not change the law, but rather explain what the law has always meant .' United States v. Rivera-Nevarez, 418 F.3d 1104, 1107 (10th Cir. 2005).
POST CON - GROUNDS - COUNSEL - INEFFECTIVE ASSISTANCE - FAILURE TO INVESTIGATE MITIGATING EVIDENCE
Correll v. Schriro, ___ F.3d ___ (9th Cir. Oct. 2, 2006) (counsel rendered ineffective assistance by failing to investigate or present potential mitigating evidence; decision not to do so was not strategic because counsel failed to conduct a sufficient investigation to be able to make an informed decision), citing ABA standards and Rompilla v.Beard, 545 U.S. 374, 125 S.Ct. 2456 (2005).
AGGRAVATED FELONY - DRUG TRAFFICKING - MOTIONS TO REOPEN IMMIGRATION PROCEEDINGS
Prior to the Supreme Courts decision in Lopez v. Gonzales, many individuals were ordered removed and/or denied the opportunity to apply for relief based on a now-reversed interpretation of "drug trafficking crime" (INA 101(a)(43)(B)). These individuals may want to seek reconsideration and reopening before the immigration court and BIA, as well as seek judicial remedies.
CITIZENSHIP - FOUNDLING STATUTE
"a person of unknown parentage found in the United States while under the age of five years, until shown, prior to obtaining the age of twenty-one years, not to have been born in the United States," shall be deemed a citizen of the United States at birth. INA 301(f).
AGGRAVATED FELONY - FELONY - SENTENCE IMPOSED OF SIX MONTHS DETERMINES THE LEVEL OF THE OFFENSE WAS A MISDEMEANOR FOR FEDERAL CAREER CRIMINAL CRIME OF VIOLENCE SENTENCE PURPOSES, BECAUSE THAT SENTENCE WOULD NOT HAVE BEEN LAWFUL IF THE OFFENSE HAD BEEN A F
United States v. Simo-Lopez, ___ F.3d ___, 2006 WL 3759302 (1st Cir. Dec. 22, 2006) (Puerto Rico conviction for aggravated battery, in violation of P.R. Laws Ann. tit.
JUDICIAL REVIEW - PETITION FOR REVIEW - DISCRETIONARY DECISIONS - WHETHER MARRIAGE IS GOOD FAITH IS NONREVIEWABLE DISCRETIONARY DECISION
Ebrahim v. Gonzales, 471 F.3d 880 (8th Cir. Dec. 22, 2006) (court of appeal lacked jurisdiction to review petition for review of waiver denial under 8 U.S.C. 1186a(c)(4), because question whether a marriage has been entered into in "good faith" is a matter within the unreviewable discretion of the Attorney General).
http://caselaw.lp.findlaw.com/data2/circs/8th/054433p.pdf
RELIEF - 212(c) RELIEF - CHALLENGE TO BLAKE UPHELD
Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (relief under former INA 212(c) denied, following Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005)).
