The Immigrant Defense Project (IDP) of the New York State Defenders Association works to defend the legal, constitutional and human rights of immigrants facing criminal or deportation charges. IDP seeks to (1) minimize deportation and detention under current immigration laws for immigrants facing criminal charges or subsequent deportation, and (2) change the current system so that it does not result in the exile of immigrants from their homes and families in the United States. The Project serves as a legal resource for attorneys, advocates, and immigrants.

United States v. Charleswell, 456 F.3d 347 (3d Cir. Aug. 1, 2006) ("where an alien is misled to believe that he has no opportunity for judicial review, the lack
of an affirmative notice of the right to an appeal may combine to constitute a denial of the meaningful opportunity for judicial review, satisfying both 1326(d)(2) and Mendoza-Lopez).

Andrade v. Gonzales, __ F.3d __ (5th Cir. Aug. 1, 2006) (Massachusetts conviction of battery, in violation of Mass. Gen. Laws Ch. 265, 13A, although divisible, is found in this case to be an aggravated felony crime of violence under INA 101(a)(43)(F), as falling under 18 U.S.C.

Andrade v. Gonzales, 459 F.3d 538 (5th Cir. Aug. 1, 2006) (affirmative grant of adjustment of status before former INS in non-adjudicative hearing, where noncitizen disclosed all prior convictions, does not bar DHS from initiating removal proceeding based upon the same convictions).
http://caselaw.lp.findlaw.com/data2/circs/5th/0430247cv0p.pdf



NOTE: The court here engaged in no analysis of Matter of Rafipour, 16 I. & N. Dec. 470 (BIA 1978), or Matter of Rainford, 20 I. & N. Dec.

Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction of domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime involving moral turpitude" within the meaning of INA 237(a)(2)(A)(ii), since mere touching is sufficient, and no violence, injury, or intent to injure are required to commit the offense).

Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction for domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime of violence" within the meaning of 18 U.S.C. 16(a) or (b), and is thus not a "crime of domestic violence" under INA 237(a)(2)(E)(i)), following Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).

Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006) (California conviction for domestic battery in violation of Penal Code 242 and 243(e)(1) does not qualify categorically as a conviction for a "crime of violence" within the meaning of 18 U.S.C. 16(a) or (b), and is thus not a "crime of domestic violence" under INA 237(a)(2)(E)(i)), following Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).

Congress recently provided, with respect to a specified new statute, that "A foreign conviction is not a sex offense for the purposes of this title if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 112." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(5)(B) (July 27, 2006).

Congress knows how to refer to local criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

Congress knows how to refer to foreign criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).