AGGRAVATED FELONY " DRUG TRAFFICKING " DELIVERY OF COCAINE
Sarmientos v. Holder, 742 F.3d 624 (5th Cir. Feb. 12, 2014) (Florida conviction of delivery of cocaine, in violation of Florida Statute 893.13(1)(a)(1)(sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance), is not a categorical aggravated felony drug trafficking offense, since Florida statute does not require knowledge of the illicit nature of the controlled substance, while federal offense requires knowledge of the illicit nature of the substance); see State v. Adkins, 96 So.3d 412, 415"16 (Fla.
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.
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must be non-negligent and proper; if the advice lulls the defendant into a false sense of security, the plea should be withdrawn).
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 " RECEIPT OF STOLEN PROPERTY
Matter of Sierra, 26 I & N Dec. 288, 292 (BIA 2014) (Nevada conviction of attempted possession of a stolen vehicle, in violation of Nevada Revised Statute 193.330 and 205.273, was not categorically an aggravated felony as an attempted theft offense, because Nevada law does not require actual knowledge that the property had been stolen, but only reason to believe; aggravated felony theft ground requires intent to deprive, which can be inferred from actual knowledge, but not from reason to believe); citing Matter of Garcia-Madruga, 24 I & N Dec.
CRIMES OF MORAL TURPITUDE " SINGLE SCHEME EXCEPTION
Matter of Islam, 25 I&N Dec. 637, 643 (BIA 2011) (very restrictive interpretation of single scheme exception for multiple moral turpitude conviction ground of deportability, calling into question the authority of older cases with a more generous interpretation: the BIA cited to Chevron and Brand X and concluded: "We respectfully conclude that our analysis there is controlling and should now be uniformly applied in all circuits throughout the country.").
Note: There is a good argument, however, to the contrary. E.g., Gonzalez-Sandoval v. U.S. INS, 910 F.2d 614 (9th Cir.
DEPORTATION " CONVICTION AFTER ADMISSION " DEFINITION OF ADMISSION
Matter of Chavez-Alvarez, 26 I. & N. Dec. 274 (BIA Mar. 14, 2014) (adjustment of status constitutes an admission for purposes of determining removability under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), as an alien convicted of an aggravated felony at any time after admission).