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
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
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
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
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
AGG FEL - NACARA DESCRIPTION IN CMT IS BETTER THAN IN AF (2006) SO INSERT CROSS REFERENCE IN AF NACARA DISCUSSION
For more information see CMT 3.22
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).
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).
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).