Federal Defender's Public Comment to the Federal Sentencing Commission regarding proposed Amendments for 2016 re Illegal Re-entry, etc.
https://www.fd.org/docs/select-topics/sentencing-resources/defender-publ...

This file summarizes developments occurring from Apr. 1-30, 2016.

Mena v. Lynch, ___ F.3d ___, 2016 WL 1660166 (4th Cir. Apr. 27, 2016) (federal conviction of violating 18 U.S.C. 659, second paragraph (purchase, receipt, or possession of property that has moved in interstate or foreign commerce knowing the same to have been embezzled or stolen), was not categorically an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C.

California Penal Code 273.5 is not categorically a crime of moral turpitude, because it could be against a co-habitant. The Ninth has recently held in a published opinion, however, that the statute is divisible and resort can be had to the modified categorical analysis to determine whether the victim was such that the crime involved moral turpitude (e.g., a spouse), or did not (e.g., a cohabitant). See Vargas-Cervantes v. Holder (9th Cir. 2014) (273.5(a) divisible statute for CIMT).

Mancilla-Delafuente v. Lynch, 804 F.3d 1262 (9th Cir. Nov. 2, 2015) (Nevada conviction for conspiracy to possess credit card without cardholder's consent, in violation of NRSA 199.480, 205.690(2) (possess[ion of] a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud.), required intent to defraud and was therefore a crime involving moral turpitude); see Matter of Cortez, 25 I. & N. Dec.

Matter of Chairez and Sama, 26 I. & N. Dec. 686 (A.G. 2015) (referred to Atty Gen. for review of issues relating to the application of Descamps v. United States, 133 S. Ct. 2276 (2013); ordering cases stayed and not regarded as precedential during pendency of review).

Matter of J-S-S-, 26 I&N Dec. 679 (BIA 2015) (neither party bears burden of proof in immigration proceedings to establish respondents mentally competence; where indicia of incompetency identified, Immigration Judge should determine competence can be established by a preponderance of the evidence, as a finding of fact).

United States v. Newman, __ F.3d __ (D.C. Cir. Nov. 17, 2015) (affirmative misrepresentations made by appellate counsel after appellant had pleaded guilty could /constitute ineffective assistance).

Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) (conduct by Immigration Judge that is bullying or hostile is inappropriate, and may result in remand to different IJ).

Cespedes v. Lynch, 805 F.3d 1274 (10th Cir. Nov. 19, 2015) (any violation of a protection order will trigger 8 U.S.C. 1227(a)(2)(E)(ii), INA 237(a)(2)(E)(ii)), agreeing with Matter of Strydom, 25 I. & N. Dec. 507, 510 (2011).

Hernandez-Zavala v. Lynch, (4th Cir. Nov. 20, 2015) (North Carolina conviction for assault with a deadly weapon, in violation of N.C. Gen. Stat. 14-33(c)(1), is a crime of domestic violence, even though domestic relationship is not necessary to convict; applying circumstance specific analysis to domestic relationship element of 8 U.S.C. 1227(a)(2)(E)(i), INA 237(a)(2)(E)(i)).