POST CON RELIEF " GROUNDS " JUDICIAL ADVICE OF IMMIGRATION CONSEQUENCES " COLORADO

People v. Nguyen, 80 P.3d 903 (Colo. App. 2003) (a judge has no affirmative obligation to make an advisement regarding the immigration consequences, but once a judge chooses to do so, the advice given must be non-negligent and proper; if the advice lulls the defendant into a false sense of security, the plea should be withdrawn).

ARTICLE " CURRENT ELEMENTS OF THE CALIFORNIA OFFENSE OF ASSAULT WITH A DEADLY WEAPON MAY NOT BE A CRIME OF MORAL TURPITUDE

Summary

In Ceron v. Holder, the BIA found petitioner deportable, holding his conviction for assault with a deadly weapon, in violation of California Penal Code 245(a)(1), is a removable offense under 8 U.S.C. 1227(a)(2)(A)(i) because it is (I) a crime involving moral turpitude (II) for which a sentence of one year or longer may be imposed. The Ninth Circuit, however, granted the petition for review, and remanded to the BIA to determine in the first instance whether California Penal Code section 245(a)(1) categorically constitutes a crime involving moral turpitude. Ceron v.

RESOURCES FOR NONCITIZENS IN DETENTION

The Florence project, which helps immigrants in ICE detention facilities in Florence AZ, has updated their guides to help immigrants navigate the detention facilities and address many issues. Download them for free from http://www.firrp.org/resources/prose/. Thanks to the Florence Project.

PRACTICE ADVISORY " RELIEF " WAIVERS " 212(c) RELIEF

NIP-NLG and Immigrant Defense Project have written an advisory on Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014). http://nipnlg.org/publications.htm

DRUG ABUSE OR ADDICTION " DEFINITION

USCIS Policy Manuel, Chap. 8, section A (Drug abuse and drug addiction are defined as the non-medical use of a controlled substance listed in Section 202 of the Controlled Substance Act.).
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapte...

DRUG ABUSE OR ADDICTION " PROCEDURE FOR DETERMINATION

USCIS POLICY MANUAL, Chap. 8, section A (The civil surgeon must now make this determination [of whether drug abuse or addiction is shown for purposes of inadmissibility] according to the [CDCs] Diagnostic and Statistical Manual of Mental Disorders (DSM) as specified in the Technical Instructions. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapte... The Technical Instructions are available at http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/mental-civil-te....

DRUG ABUSE OR ADDICTION " REMISSION

USCIS POLICY MANUAL, Chap. 8, section A (If the applicant is classified as a drug abuser or addict, the applicant can apply again for an immigration benefit if his or her drug abuse or addiction is in remission. Remission is now defined by DSM criteria, and no longer by a set timeframe as it was under previous Technical Instructions. In order for an applicants drug abuse or addiction to be classified as in remission, the applicant must return to a civil surgeon for a new assessment.) (emphasis added).
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapte...

DOMESTIC VIOLENCE " CALIFORNIA EXPANDED LIST OF PROTECTED RELATIONSHIP CRIME OF MORAL TURPITUDE " CORPORAL INJURY OF SPOUSE

Penal Code 273.5(a), corporal injury of a spouse, was amended to substitute a new (b), which provides a list of covered relationships, without change except adding: The offenders fianc or fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in [Penal Code section 243, subdivision (f)(10). The definition of dating relationship referred to reads: Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.

AGGRAVATED FELONY " CRIME OF VIOLENCE " USE OF FORCE " ACCA

United States v. Castleman, ___ U.S. ___, 2014 WL 1225196 (Mar. 26, 2014) (Tennessee misdemeanor conviction of having intentionally or knowingly cause[d] bodily injury to the mother of his child, in violation of Tenn.Code Ann. 39"13"111(b), qualifies as a misdemeanor crime of domestic violence under Armed Career Criminals Act; element of violence is satisfied by offensive touching; this holding does not apply to 18 U.S.C.

AGGRAVATED FELONY " AIDING AND ABETTING

Rosemond v. United States, ___ U.S. ___ (2014) (discussion of elements of aiding and abetting).

The court stated:

When an accomplice knows beforehand of a confederates design to carry a gun, he can attempt to alter that plan or, if unsuccessful, withdraw from the enterprise; it is deciding instead to go ahead with his role in the venture that shows his intent to aid an armed offense.

 

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