Recent federal circuit decisions conclude that mere recklessness is an insufficient intent to constitute a crime of violence, under the reasoning of Leocal. E.g., Singh v. Gonzales, 432 F.3d 533, 2005 WL 3579002 (3d Cir. Jan. 3, 2006); Tran v. Gonzales, 414 F.3d 464, 2005 WL 1620320 (3d Cir. Jul. 12, 2005); Oyebanji v. Gonzales, 418 F.3d 260 (3d Cir. Aug. 11, 2005); Bejarano-Urrutia v. Gonzales, 413 F.3d 444 (4th Cir. Jul. 5, 2005); United States v. Perez-Vargas, 414 F.3d 1282 (10th Cir. 2005); Popal v. Gonzales, 416 F.3d 249, 2005 WL 1791198 (3d Cir. Jul. 29, 2005); see also Lara-Cazares v.

Toussaint v. Attorney Gen., 455 F.3d 409 (3d Cir. Jul. 26. 2006) (criminal deportees are not recognized as a social group for asylum purposes under United States immigration laws; rejecting asylum claim of Hatian asylum applicant that she would be persecuted in Haiti because she was removed from the United States as a criminal).
http://caselaw.lp.findlaw.com/data2/circs/3rd/053311p.pdf

Eritrea, like Vietnam, is one of the countries that "block or inhibit repatriation of illegal aliens." As a result, deportations to Eritrea are rare. See
OIG-06-33, April 2006, DHS IG, "Detention and Removal of Illegal Aliens"
Available at: http://www.dhs.gov/interweb/assetlibrary/OIG_06-33_Apr06.pdf

Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005) ("When the BIA issues a short opinion adopting an IJs decision, we review the two decisions together, including the portions [of the IJs decision] not explicitly discussed by the BIA.").

State v. Quintero-Morelos, 133 Wn. App. 591 (Jun. 22, 2006) ("The day following sentencing, the judge decided to reduce the sentence by one day, which prevented the defendant's federal deportation, because defense counsel failed at the time of the original sentencing to inform the judge that the defendant was subject to deportation. The question presented is whether the judge had discretionary authority to set aside the judgment on the ground of neglect or carelessness of defense counsel. We conclude that he did and we affirm that exercise of discretion.").

State v. Quintero-Morelos, 133 Wn. App. 591 (Jun. 22, 2006) ("The day following sentencing, the judge decided to reduce the sentence by one day, which prevented the defendant's federal deportation, because defense counsel failed at the time of the original sentencing to inform the judge that the defendant was subject to deportation. The question presented is whether the judge had discretionary authority to set aside the judgment on the ground of neglect or carelessness of defense counsel. We conclude that he did and we affirm that exercise of discretion.").

[Thanks to Stacy Tolchin] President Bush, on 7/27/06, signed into law the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472; PL 109-248). Drafted to strengthen penalties against child predators, the Act also bars convicted sex offenders from having family-based petitions approved and makes failure to register as a sex offender a deportable offense. Specifically, section 402 bars all U.S.

[Thanks to Stacy Tolchin] President Bush, on 7/27/06, signed into law the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472; PL 109-248). Drafted to strengthen penalties against child predators, the Act also bars convicted sex offenders from having family-based petitions approved and makes failure to register as a sex offender a deportable offense. Specifically, section 402 bars all U.S.

A Minnesota petty misdemeanor not a "misdemeanor" as defined for TPS, under 8 CFR 244.1 [offenses that are punishable by imprisonment for a term of five days or less shall not be considered a felony or misdemeanor], because the court may not impose a sentence of five days in jail for this type of offense.



Minnesota law divides all offenses into the following categories: (1) petty misdemeanors; (2) misdemeanors; (3) gross misdemeanors; and, (4) felonies.