DOMESTIC VIOLENCE - CHILD ABUSE
Velazquez-Herrera v. Gonzales, 466 F.3d 781 (9th Cir. Oct. 19, 2006) (reversing BIA decision that Washington conviction of fourth degree assault constituted a crime of child abuse under 8 U.S.C. 1227(a)(2)(E)(i), and remanding to the BIA to issue a precedential decision defining what constitutes "child abuse" for purpose of this ground of deportation).
http://caselaw.lp.findlaw.com/data2/circs/9th/0472417p.pdf
CONDUCT-BASED GROUNDS OF DEPORTATION - COMMISSION OF OFFENSE - NOLO CONTENDERE PLEA - CONVICTION BASED ON NOLO CONTENDERE PLEA DOES NOT ESTABLISH THAT THE DEFENDANT COMMITTED ANY OFFENSE
United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (federal conviction under 8 U.S.C.
RELIEF - CANCELLATION OF REMOVAL - STOP-TIME RULE - COMMISSION OF OFFENSE - NOLO CONTENDERE PLEA - CONVICTION BASED ON NOLO CONTENDERE PLEA DOES NOT ESTABLISH THAT THE DEFENDANT COMMITTED ANY OFFENSE
United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (federal conviction under 8 U.S.C.
CRIMES OF MORAL TURPITUDE - DEPORTATION FOR SINGLE CMT - NOLO PLEA NOT SUFFICIENT BY ITSELF TO SHOW OFFENSE "COMMITTED" WITHIN FIVE YEARS OF ADMISSION
United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (federal conviction under 8 U.S.C.
CONVICTION - PLEA - NOLO CONTENDERE PLEA - ALFORD PLEA - EFFECT
United States v. Guerrero-Velasquez, 434 F.3d 1193, 1194 (9th Cir. 2006) (a guilty plea is an admission of the facts charged in the indictment, and an Alford plea, in which the defendant enters a guilty plea while maintaining his innocence, is nevertheless a guilty plea under Taylor v. United States, 495 U.S. 575, 110 S. Ct. 2143, 109 L. Ed. 2d 607 (1990)).
CONVICTION - JUVENILE - NEW YORK YOUTHFUL CONVICTION PROPERLY CONSIDERED AGGRAVATED FELONY FOR ILLEGAL REENTRY SENTENCE ENHANCEMENT PURPOSES
United States v. Pereira, 465 F.3d515, 2006 WL 2925642 (2d Cir. Oct. 13, 2006)( New York conviction of robbery, with term of imprisonment of 62 months, constituted aggravated felony conviction for purposes of 16-level illegal reentry sentence enhancement, even though the defendant was adjudicated a youthful offender under New York State law).
http://caselaw.lp.findlaw.com/data2/circs/2nd/055969p.pdf
POST CONVICTION RELIEF - AMENDING RECORD OF CONVICTION TO SPECIFY AMOUNT OF MARIJUANA 30 GRAMS OR LESS
In some states, it is possible to file a joint motion with the prosecution asking the criminal court for a stipulated and amended sentence order that amends the record of conviction to specify the actual amount of marijuana to be less than 30 grams. This has been effective in immigration court to qualify the conviction for the exception to the controlled substances deportation ground and should also be effective in qualifying the conviction for a waiver of inadmissibility under INA 212(h). Thanks to Jeff Joseph.
RELIEF - WAIVERS - 212(C) RELIEF - PERSONS PREVIOUSLY DEPORTED CAN APPLY FOR ADJUSTMENT UNDER INA 245(i) ALONG WITH A 212(c) WAIVER
A federal court granted a temporary restraining order in a suit challenging DHS refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). Perez-Gonzalez is a Ninth Circuit case holding that individuals who have previously been removed or deported may apply for adjustment of status (under INA 245(i)) along with an accompanying I-212 waiver application. Pursuant to the temporary order, USCIS district offices and the AAO cannot deny any I-212 application pending in the Ninth Circuit on basis that ten years has not elapsed since the applicants last departure.
AGGRAVATED FELONY - CRIME OF VIOLENCE - TEXAS DEADLY CONDUCT
United States v. Hernandez-Rodriguez, ___ F.3d ___ (5th Cir. Oct. 10, 2006) (Texas conviction of "deadly conduct," as defined in Tex. Penal Code 22.05(b)(1) [knowingly discharge a firearm in the direction of a person] constitutes a crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G. 2L1.2(b), because the offense has an element the threatened use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/5th/0551429cr0p.pdf
RECORD OF CONVICTION - ABSTRACT OF JUDGMENT NOT CONCLUSIVE ON NATURE OF OFFENSE OF CONVICTION FOR IMMIGRATION PURPOSES
United States v. Gutierrez-Ramirez, 405 F.3d 352 (5th Cir.
