RELIEF - NATURALIZATION
Okafor v. Gonzales, 456 F.3d 531 (5th Cir. Jul. 18, 2006) (signing oath insufficient to confer citizenship; it is necessary to participate in public ceremony pledging allegiance to the United States and renouncing all former allegiances to foreign states and sovereignties).
POST CONVICTION - OHIO - STATE ADVISAL STATUTE
State v. Joseph, __ N.E.2d __ (Ct. App. 7th Dist. 2006) (court of appeal reversed trial court's denial of motion to vacate guilty plea for violation of state advisal statute requiring court taking a plea properly to advise the defendant of its immigration consequences).
AGGRAVATED FELONY - CRIME OF VIOLENCE - RELATIONSHIP BETWEEN SENTENCE ENHANCEMENT COV AND AGGRAVATED FELONY COV CASES
Lynn Hartfield, Challenging Crime of Violence Sentence Enhancements in Federal Court, 30 THE CHAMPION 28 (May 2006).
POST CON - PARDON - SELECTIVE SERVICE PARDON - VIETNAM WAR
The 1977 presidential pardon for violations of the Military Selective Service Act specifically applies to eliminate the commission of such violations as grounds of inadmissibility. Implementation of Presidential Proclamation No. 4483 and Executive Order No. 11967 (both effective Jan. 21, 1977), 42 Fed. Reg. 59562 (Nov. 18, 1977). This pardon was cited in Matter of Rahman, 16 I. & N. Dec. 579 (BIA 1978), regarding President Ford's pardon of Vietnam era draft dodgers, particularly regarding LPRs who returned on or before June 1, 1978.
AGGRAVATED FELONY - FRAUD OFFENSES
David H. Angeli & Per A. Ramfjord, Reexamining "Loss" and "Gain" in the Wake of Dura Pharmaceuticals v. Broudo - New Ammunition for Securities Fraud Defendants, 30 THE CHAMPION 10 (May 2006).
POST CON RELIEF - FEDERAL - GROUNDS - MENTAL COMPETENCY
Willstatter, The Federal Criminal Competency System, 30 THE CHAMPION 16 (Jun., 2006).
POST CON - EFFECTIVE ORDER
N. Tooby, Recent Developments Concerning Effective Orders Vacating Convictions, 11 Bender's Imm. Bull. 534 (Jun. 1, 2005).
JUDICIAL REVIEW - PETITION FOR REVIEW - DUE PROCESS - BIA FAILURE TO ADDRESS CENTRAL AND POTENTIALLY OUTCOME DETERMINATIVE EVIDENCE
Serafimovich v. Gonzales, 456 F.3d 81 (2d Cir. Jul. 17, 2006) (vacating denial of application for withholding of removal in light of record evidence that was not addressed and that has an obvious bearing on a central and potentially outcome determinative finding).
http://caselaw.lp.findlaw.com/data2/circs/2nd/0340412p.pdf
JUDICIAL REVIEW - PETITION FOR REVIEW - DUE PROCESSINTERPRETATION OF KEY TERM IS UNCLEAR - REMAND WHERE BIA INTERPRETATION OF KEY TERM IS UNCLEAR
Mirzoyan v.Gonzales, 457 F.3d 217 (2d Cir. Jul. 20, 2006) (reversing and remanding BIA decision which rejected petitioner's claim of economic persecution for clarification where BIA interpretation of "persecution," as used in 8 U.S.C. 1101(a)(42)(A), is unclear as applied to economic persecution claims).
http://caselaw.lp.findlaw.com/data2/circs/2nd/050886p.pdf
RELIEF - POLITICAL ASYLUM
Mirzoyan v.Gonzales, 457 F.3d 217 (2d Cir. Jul. 20, 2006) (reversing and remanding BIA decision which rejected petitioner's claim of economic persecution for clarification where BIA interpretation of "persecution," as used in 8 U.S.C. 1101(a)(42)(A), is unclear as applied to economic persecution claims).
http://caselaw.lp.findlaw.com/data2/circs/2nd/050886p.pdf
