United States. v. Garcia-Longoria, ___ F.3d ___, 2016 WL 1658120 (8th Cir. Apr. 27, 2016) (Nebraska conviction for third-degree assaulting a police officer, in violation of Neb.Rev.St. 28"931(1) (intentionally, knowingly, or recklessly cause bodily injury to a police officer), was a crime of violence for purposes of the ACCA, because the presentence report, to which the defendant did not object, reflected a mens rea of intent); see United States v. Ossana, 638 F.3d 895, 900"03 & n. 6 (8th Cir.

Reid v. Donelan,___ F.3d ___, 2016 WL 1458915 (1st Cir. Apr. 13, 2016) (migrants subjected to unreasonable detention through INA 236(c) are entitled to an individualized bond hearing; Fifth Amendment Due Process Clause does not require DHS to bring all detainees before an immigration judge for a bond hearing once they have been locked up for six months).

Note: Every federal court of appeals to examine the mandatory detention statute, INA 236(c), 8 U.S.C.

The Santa Clara County District Attorneys Office and judges, in California, are now accepting a plea to accessory after the fact, under Penal Code 32, instead of insisting on a controlled substances conviction, for each DEJ qualifying offense. The court then grants Deferred Entry of Judgment under Penal Code 1000, for offenses qualifying for DEJ (now including accessory after the fact).

Ashraf v. Lynch, ___ F.3d ___, 2016 WL 1612766 (8th Cir. Apr. 22, 2016) (federal crime of conspiracy to commit marriage fraud was complete, in violation of 18 U.S.C. 371 and 8 U.S.C. 1325(c), and thus five-year statute of limitations began to run, on date that alien submitted petition to remove conditions on residence, as the last overt act in furtherance of the conspiracy); United States v. Stewart, 744 F.3d 17, 18, 23 (1st Cir. 2014; United States v. Bennett, 765 F.3d, 887, 895 (8th Cir.

Alonzo v. Lynch,___ F.3d ___, 2016 WL 1612772 (8th Cir. Apr. 22, 2016) (Iowa convictions for domestic abuse assault, third or subsequent offense, in violation of Iowa Code Annotated 708.1, a divisible statute, did not categorically constitute crimes of moral turpitude, since a single conviction of that offense is not necessarily a crime of moral turpitude). See Cisneros"Guerrerro v. Holder, 774 F.3d 1056, 1061 (5th Cir. 2014).

Note: The court noted, but made no decision on, the issue of whether conviction of multiple non-CMT offenses can arise to the level of a CMT.

Alonzo v. Lynch,___ F.3d ___, ___, 2016 WL 1612772 (8th Cir. Apr. 22, 2016) ([T]he BIA and various courts have declined to classify [simple assault] as a [CIMT]. Simple assault typically is a general intent crime, and it is thus different in character from those offenses that involve a vicious motive, corrupt mind, or evil intent. Chanmouny v. Ashcroft, 376 F.3d 810, 814"15 (8th Cir. 2004) (emphasis added) (quoting Matter of O, 3 I. & N. Dec. 193, 194"95 (BIA 1948)); see also [Matter of] Solon, 24 I. & N. Dec. at 241 (same).).

Sauceda v. Lynch, ___ F.3d ___, 2016 WL 1612848 (1st Cir. Apr. 22, 2016) (on rehearing) (Maine conviction for assault on spouse, in violation of Me. Rev. Stat. Ann. tit. 17"A, 207(1)(A) (intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.), is not necessarily a crime of domestic violence, since the statute is divisible between bodily injury (domestic violence) and offensive physical contact (non-domestic violence)).

Sauceda v. Lynch, ___ F.3d ___ (1st Cir. Apr.

The Immigrant Legal Resource Center has published a comprehensive new resource. California has strict confidentiality laws that govern when and to whom records from dependency and delinquency proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This new resource provides an overview of the law and practical guidance for how to handle issues of juvenile confidentiality before USCIS and the immigration courts.

Felony and Misdemeanor Federal Chart as prepared by Federal Defender office:
http://ms.fd.org/maxpenalties/maxpenalties.pdf