SENTENCING - GUIDELINES ARE NOT PRESUMPTIONS BUT STARTING POINTS
United States v. Zavala, ___ F.3d ___ (9th Cir. 2006) (court violated Booker by presuming that the advisory Sentencing Guideline calculation set forth the proper range for sentencing; advisory guidelines are a starting point not a presumption).
ILLEGAL REENTRY - ILLEGAL REENTRY AS PROBATION VIOLATION
United States v. Ortuno-Higareda, 450 F.3d 406 (9th Cir. Jun. 8, 2006) (district court had jurisdiction to revoke defendant's supervised release upon illegal re-entry; sufficient evidence existed, without conviction for illegal re-entry, to prove that defendant violated the conditions of his supervised release).
http://caselaw.lp.findlaw.com/data2/circs/9th/0410257p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - BURGLARY - CRIMINAL LAW & PROCEDURE, SENTENCING
United States v. Fuller, __ F.3d __ (5th Cir. Jun. 16, 2006) (burglary of a building, in violation of Texas Penal Code 30.02, is a crime of violence for purposes of the Armed Career Criminal Act at 18 U.S.C. 924(e)), following United States
v. Silva, 957 F.2d 157, 162 (5th Cir. 1992).
http://caselaw.lp.findlaw.com/data2/circs/5th/0351378cr0p.pdf
FELONY CLASSIFICATION
United States v. Alfaro-Hernandez, __ F.3d __ (5th Cir. Jun. 16, 2006) (felony
classification of defendants underlying offense, for purposes of sentence imposed upon revocation of defendant's supervised release on a conviction for transportation of an illegal alien, is determined by the underlying statute of conviction, not the Guidelines range as calculated by the district court).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540327cr0p.pdf
DETENTION - ASSIGNING OF DETENTION DISTRICTS
Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (DHS may, without following APA requirements of notice and comment, redetermine detention boundaries, even to the extend that noncitizens arrested in one federal circuit may be subject to the law of a separate circuit), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006).
DETENTION - NONCITIZENS ARRESTED IN IDAHO AND MONTANA SUBJECT TO TENTH CIRCUIT LAW
Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (noting that DHS has redrawn detention boundaries to subject noncitizens arrested in Idaho and Montana, within the Ninth Circuit, will be placed in removal proceedings in Colorado, in the Tenth Circuit, and therefore subject to Tenth Circuit law), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006).
JUDICIAL REVIEW - CHANGE OF VENUE
Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (whether to grant a change of venue is in the discretion of the immigration judge, even where good cause to change venue is shown, and is not subject to judicial review), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006).
CITIZENSHIP AND NATIONALITY - NATIONAL OF THE UNITED STATES
Omolo v. Gonzales, 452 F.3d 404 (5th Cir. Jun. 12, 2006) (person may become a United States national only by birth or by completing the naturalization process).
POST-CON - HABEAS CORPUS - ACTUAL INNOCENCE
House v. Bell, __ F.3d __ (Jun. 12, 2006) (defendant successfully made the stringent showing required by the actual-innocence exception to procedural default rules).
http://laws.lp.findlaw.com/us/000/048990.html
JUDICIAL REVIEW - PETITION FOR REVIEW - ULTRA VIRES QUESTION IS QUESTION OF LAW REVIEWABLE ON PETITION FOR REVIEW UNDER REAL ID ACT
Jean v. Gonzales, 452 F.3d 392 (5th Cir. Jun. 9, 2006) (attorney general did not act ultra vires to the Act in creating and applying new heightened standards for allowing for adjustment of status and discretionary grant of relief from inadmissibility under INA 209(c), since the Jean heightened waiver standard is rationally related to the national immigration policy of not admitting aliens who would be a danger to society and within the attorney generals discretion). Citing Rivas--Gomez v. Gonzales, 441 F.3d 1072, 1079 (9th Cir. 2006).