SAFE HAVENS - HAZARDOUS WASTE - FEDERAL

United States v. Barken, ___ F.3d ___ (9th Cir. June 27, 2005) (sentence for unlawful transportation and disposal of hazardous material without a permit remanded under United States v. Booker, 125 S.Ct. 738 (2005)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350441p.pdf

jurisdiction: 
Ninth Circuit

NATIONAL OF THE UNITED STATES

See § 1.13

jurisdiction: 
Other

DEPORTATION - PUBLIC CHARGE

According to the INS Guidance issued in the Federal Register in May of 1999, the only types of benefits that raise public charge issues are cash income assistance programs like TANF and SSI.  Housing subsidy programs are not among the programs that INS considered creating public charge concerns.  In fact they were expressly excluded. Hopefully when it publishes a final rule on public charge, USCIS will reaffirm the earlier INS Guidance.

jurisdiction: 
Other

GROUNDS OF DEPORTATION - UNLAWFUL VOTING - NONCITIZEN NOT DEPORTABLE FOR VOTING IN VIOLATION OF HAWAII LAW SINCE SHE DID NOT HAVE THE MENS REA REQUIRED TO VIOLATE THE HAWAII STATUTE

McDonald v. Gonzales, ___ F.3d ___ (9th Cir. March 2, 2005) (noncitizen found not to have voted "in violation of any Federal, State, or local constitutional provision, statute, ordinance or regulation," under 8 U.S.C. 1227(a)(6)(A), because she did not have the requisite mental state to have violated the Hawaii unlawful voting statute, H.R.S. 19-3.5(2)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371986p.pdf

jurisdiction: 
Ninth Circuit

 

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