POST-CON - GROUNDS - JUDICIAL MISCONDUCT

United States v. Jackson, __ F.3d __ (5th Cir. Jun. 20, 2006) (sentence for possession of a firearm affirmed over a claim that district court violated constitutional rights by "threatening" defendants girlfriend with criminal prosecution if she took the stand during sentencing).
http://caselaw.lp.findlaw.com/data2/circs/5th/0511094cr0p.pdf

jurisdiction: 
Fifth Circuit

VISA WAIVER PROGRAM - VAWA

Schmitt v. Maurer, 451 F.3d 1092 (10th Cir. Jun. 20, 2006) (noncitizens who enter on the visa waiver program waive all rights to contest removal or appear before an immigration judge, except to apply for asylum; VAWA applicant who entered through Visa Waiver Program and overstayed therefore cannot adjust).
http://laws.lp.findlaw.com/10th/041436.html

jurisdiction: 
Tenth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SEXUAL PENETRATION

United States v. Ossa-Gallegos, ___ F.3d ___ (6th Cir. Jun. 30, 2006) (Texas conviction for sexual assault, based on unlawfully, intentionally, and knowingly caus[ing] the penetration of 10-year-old a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/6th/055824p.pdf

jurisdiction: 
Sixth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A DEADLY WEAPON

United States v. Sanchez-Ruedas, __ F.3d __ (5th Cir. Jun. 12, 2006) (California conviction for violation of Penal Code 245(a)(1), assault with a deadly weapon, constitutes "aggravated assault" and is thus a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540804cr0p.pdf

jurisdiction: 
Fifth Circuit

RELIEF - ADJUSTMENT OF STATUS

ALIF-ASISTA Practice Advisory on applying for AOS after re-entering the U.S. without admission using I-212s, 245(i) and VAWA 2005 available at: http://www.ailf.org/lac/lac_pa_060606.pdf

jurisdiction: 
Other

this is a test ( 9th Cir .1988)

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - SECOND POSSESSION

United States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22, 2005) (second state misdemeanor drug possession conviction was not a "hypothetical federal felony" for aggravated felony purposes, based upon recidivist provision of Controlled Substance Act (CSA), because the second offense occurred before the first drug possession conviction became final).

jurisdiction: 
Sixth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION

United States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22, 2005) (sentencing decision rejecting idea that state misdemeanor simple possession conviction should be treated differently depending upon immigration or sentencing contexts, and adopting "hypothetical federal felony" approach in both immigration and sentencing contexts).

jurisdiction: 
Sixth Circuit

POST CON RELIEF - INEFFECTIVE ASSISTANCE - IMMIGRATION CONSEQUENCES - CONNECTICUT

State v. Aquino, ___ Conn. ___ (Aug. 8, 2006) (claim that criminal defense lawyers obligated to determine client's immigration status and advise of immigration consequences of criminal case dismissed as moot because record does not reflect whether client was deported for aggravated felony or illegal presence; vacating adverse Court of Appeals decision).

jurisdiction: 
Lower Courts of Second Circuit

 

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