AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - CONTRIBUTING TO THE DELINQUENCY OF A MINOR BY UNLAWFUL SEXUAL CONTACT
Vargas v. Dep't of Homeland Sec., ___ F.3d ___ 2006 WL 1689293 (10th Cir. Jun. 21, 2006) (Colorado conviction of contributing to the delinquency of a minor, in violation of CRS 18-6-701, may be violated by encouraging a child to violated any state law, from jaywalking to murder; since conviction under this statute requires proof, as an element of the offense, of a specified predicate offense, it was proper to look to the charging document to determine the predicate offense; violation of CRS 18-6-701 where the predicate offense was a violation of C.R.S.
DIVISIBLE STATUTE ANALYSIS - AGGRAVATED FELONY TARGET OFFENSE
Vargas v. Dep't of Homeland Sec., ___ F.3d ___ 2006 WL 1689293 (10th Cir. Jun. 21, 2006) (Colorado conviction of contributing to the delinquency of a minor, in violation of CRS 18-6-701, may be violated by encouraging a child to violated any state law, from jaywalking to murder; since conviction under this statute requires proof, as an element of the offense, of a specified predicate offense, it was proper to look to the charging document to determine the predicate offense; violation of CRS 18-6-701 where the predicate offense was a violation of C.R.S.
JUDICIAL REVIEW - HABEAS - REAL ID ACT DOES NOT VIOLATE SUSPENSION CLAUSE BY FORECLOSING HABEAS REVIEW
Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (section 106 of the REAL ID Act does not violate the Suspension Clause of the U.S. Constitution in expressly foreclosing habeas review, because the statute provides for an alternative means for review through direct appeal).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf
AGGRAVATED FELONY - CRIME OF VIOLENCE - STATUTORY RAPE
United States v. Perez-Pena, __ F.3d __ (4th Cir. Jun. 30, 2006) (Florida conviction for felony lewd, lascivious, or indecent act upon a child, factually involving a sexual relationship between a 12 year old and a 21 year old, found to be a crime of violence for illegal re-entry sentencing purposes), following United States v. Pierce, 278 F.3d 282, 289-90 (4th Cir. 2002).
http://caselaw.lp.findlaw.com/data2/circs/4th/055054p.pdf
ILLEGAL REENTRY - SENTENCE
Linda Drazga Maxfield & Keri Burchfield, Immigration Offenses Involving Unlawful Entry: Is Federal Practice Comparable Across Districts?, 14 Fed. Sent. R. 260, Mar.-Apr.2002.
ANALYSIS - CONFLICTING REGULATIONS SHOULD BE RESOLVED IN FAVOR OF FOREIGN NATIONAL
Esponda v. U.S. Atty Gen., __ F.3d __ (11th Cir. Jun. 28, 2006) (conflicting regulations should be resolved in the alien's favor).
http://caselaw.lp.findlaw.com/data2/circs/11th/0513875p.pdf
JUDICIAL REVIEW - SUMMARY DISMISSAL OF APPEAL
Esponda v. U.S. Atty Gen., 453 F.3d 1319 (11th Cir. Jun. 28, 2006) (BIA abused its discretion in dismissing appeal based on failure to submit brief without first determining whether the issues were adequately stated in the notice to appeal; whether BIA was correct in summarily dismissing an appeal where no brief was filed is reviewed for abuse of discretion).
http://caselaw.lp.findlaw.com/data2/circs/11th/0513875p.pdf
RELIEF - REINSTATEMENT OF REMOVAL - RETROACTIVITY
Fernandez-Vargas v. Gonzales, 548 U.S. ___ (2006) (INA 241(a)(5) applies to persons who illegally reentered prior to the April 1, 1997 effective date of IIRIRA, and who did not take any affirmative steps towards legalizing status before that date, because unlawful presence following reentry is a continuing act), reversing Bejjani v. INS, 271 F.3d 670 (6th Cir. 2001), Castro-Cortez et al. v. INS, 239 F.3d 1037 (9th Cir. 2001).
http://laws.lp.findlaw.com/us/000/041376.html
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN
Mouelle v. Gonzales, 126 S.Ct. 2964 (Jun. 26, 2006) (denying cert. and vacating decision in Mouelle v. Gonzales, 416 F.3d 923 (8th Cir. Jul 29, 2005) for further consideration of new interim regulation, effective May 12, 2006).
RELIEF - ADJUSTMENT OF STATUS - ADMISSION
Aremu v. DHS, 450 F.3d 578 (4th Cir. 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), vacated by Aremu v. Dept. of Homeland Security, 450 F.3d 578 (4th Cir. 2006) (for noncitizen previously admitted to the United States, the date of adjustment of status does not constitute a new "admission" for purposes of determining whether the noncitizen is deportable for having committed a CMT within five years of admission, under INA 237(a)(2)(A)(i)), overruling Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005).
Note: The court cited Abdelqadar v. Gonzalez, 413 F.3d F.3d 668 (7th Cir.