RELIEF " ADJUSTMENT OF STATUS " ASYLEE WHOSE STATUS WAS TERMINATED MAY APPLY FOR ADJUSTMENT OF STATUS

Siwe v. Holder, 742 F.3d 603 (5th Cir. Feb. 6, 2014) (an alien whose asylum has been terminated is not prohibited from applying for adjustment of status).

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA " RETROACTIVITY

Chavarria v. United States, 739 F.3d 360, 362 (7th Cir. Jan. 9, 2014) (rejecting claim of ineffective assistance of counsel, based on affirmative misadvice of adverse immigration consequences of the plea: Chavarria's argument fails, first, because the distinction between affirmative misadvice and non-advice was not a relevant factor in Padilla. Second, the precedent, pre-Padilla, supporting the application of Strickland in this context is insufficient to satisfy Teague v. Lane, 489 U.S. 288, 301, 109 S.Ct.

JUDICIAL REVIEW " PETITION FOR REVIEW " ABUSE OF DISCRETION

Tadevosyan v. Holder, 743 F.3d 1250 (9th Cir. Feb. 26, 2014) (BIA abused its discretion by according controlling weight to fact of DHS opposition to motion to reopen, without analyzing whether DHS was correct).

JUDICIAL REVIEW " PETITION FOR REVIEW " ABUSE OF DISCRETION

Tadevosyan v. Holder, 743 F.3d 1250 (9th Cir. Feb. 26, 2014) (granting petition for review because BIA failed to provide any reasoned explanation for its decision).

POST CON RELIEF " GROUNDS " RIGHT TO PRESENCE " BATSON HEARING

Ayala v. Wong, ___ F.3d ___, 2014 WL 707162 (9th Cir. Feb. 25, 2014) (amending and superseding earlier opinion on denial of rehearing en banc) (reversing district courts denial of a habeas corpus petition challenging petitioner's conviction and capital sentence for murder and robbery, based on a violation of Batson v. Kentucky, 476 U.S.

AGGRAVATED FELONY " CONSPIRACY " DEFINITION

United States v. Garcia-Santana, 743 F.3d 666 (9th Cir. Feb. 20, 2014) (Nevada conviction of conspiracy to commit the crime of burglary in violation of Nev.Rev.Stat. 199.480, 205.060(1), does not constitute an aggravated felony conspiracy, where Nevada law does not require as an element of conspiracy the commission of an overt act in pursuance of the conspiracy, Nev.Rev.Stat. 199.490; aggravated felony conspiracy, INA 101(a)(43) (U), 8 U.S.C.

AGGRAVATED FELONY " ATTEMPT " DEFINITION

United States v. Gonzalez-Monterroso, ___ F.3d ___, 2014 WL 575952 (9th Cir. Feb. 14, 2014) (Delaware definition of Attempt, Del.Code tit. 11, 531(2), 532, is not a categorical match with attempt as defined under the U.S.S.G., because Delaware's statutory definition of "substantial step" is materially different from and encompasses more conduct than the federal generic definition).

AGGRAVATED FELONY " FRAUD OFFENSES " LOSS AMOUNT " MEDICARE PRESUMPTIVE LOSS AMOUNT

United States v. Popov, 742 F.3d 911 (9th Cir. Feb. 11, 2014) (in federal health care fraud prosecutions, the amount billed to an insurer constitutes sufficient evidence to establish the intended loss by a preponderance of the evidence, if not rebutted).

REMOVAL " CONDUCT-BASED GROUNDS " STATE ALFORD PLEA DOES NOT PROVE COMMISSION OF A STATE CRIME SUFFICIENTLY TO SUPPORT AN ORDER REVOKING FEDERAL SUPERVISED RELEASE

United States v. Williams, 741 F.3d 1057 (9th Cir. Feb. 3, 2014) (reversing district court's order revoking defendant's supervised release, where a defendant's Alford plea to a state charge is insufficient to prove commission of a state crime for purposes of a federal supervised release violation when the state itself does not treat it as sufficiently probative of the fact that the defendant actually committed the acts constituting the crime or crimes of conviction).

CAL POST CON " SENTENCE " COURT HAS NO JURISDICTION TO MODIFY PROBATION AFTER PROBATION HAS EXPIRED

Hilton v. Superior Court, 224 Cal.App.4th 47, 168 Cal.Rptr.3d 309 (2d Dist. Feb. 25, 2014) (trial court does not have jurisdiction to modify a defendant's probation to impose restitution after the defendant's probationary term has expired).

 

TRANSLATE