United States v. Caceres-Olla, 738 F.3d 1051 (9th Cir. Dec. 23, 2013) (by failing to respond to petitioners argument before the court of appeals that a conviction did not constitute a sexual abuse of a minor aggravated felony, the government waived reliance on that crime of violence theory); citing United States v. Castillo"Marin, 684 F.3d 914, 919 (9th Cir. 2012).

People v. Superior Court (Sanchez), 223 Cal.App.4th 567, 167 Cal.Rptr.3d 115 (3d Dist. Jan. 29, 2014) (granting prosecution petition for a writ of mandate challenging the trial court's order reforming a plea bargain detrimentally to the People by reducing the penalty to the term of imprisonment authorized by law for the crime, where the trial court exceeded its jurisdiction by reforming the negotiated plea to conform with the applicable law because the reformation denied the People the benefit of their bargain).

Eddie E. v. Superior Court, 223 Cal.App.4th 622 (Oct. 2013) (trial court erred in denying SJIS status by failing to consider whether a resident alien in petitioner's position may also demonstrate he had been "legally committed to, or placed in the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States," under the relevant statute).

People v. Carroll, 222 Cal.App.4th 1406, 167 Cal.Rptr.3d 60 (3d Dist. Jan. 15, 2014) (affirming conviction of failing to appear in court while on "own recognizance" (OR) release, in violation of Penal Code 1320, where the OR release agreement defendant signed substantially complies with Penal Code 1318).

People v. Nguyen, 222 Cal.App.4th 1168, 166 Cal.Rptr.3d 590 (4th Dist. Jan.

All circuits to consider the question have held that plain language of the statutory aggravated felony bar to the waiver in INA 212(h) applies only to individuals who entered the United States as lawful permanent residents (LPR), not to those who subsequently adjusted to LPR status. Papazoglou v. Holder, 725 F.3d 790 (7th Cir. 2013); Hanif v. Atty. General of the United States, 694 F.3d 479, 487 (3d Cir. 2012); Bracamontes v. Holder, 675 F.3d 380, 386"87 (4th Cir. 2012); Lanier v. U.S. Atty. Gen., 631 F.3d 1363, 1366"67 (11th Cir. 2011); Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir.

USCIS memo dated Jan. 24, 2013 instructs officers not to find a reason to believe that the applicant may be inadmissible under INA 212(a)(2)(A)(i) if the offense is not a CMT, or qualifies for the petty offense or for the youthful offender exception.

The Immigrant Legal Resource Center has a declaration from a California attorney establishing that in San Bernardino County, the prosecutor prosecuted a felon in possession of two antique/replica civil war era guns, under Penal Code 12021(a). This is the same definition of firearm that is used in a number of California firearms statutes. This declaration establishes not only that there is a reasonable probability that the prosecutors in California prosecute antique firearms under the California definition of firearms, but that they have actually done so. Thanks to Daniel G. Degriselles.

The ILRC has expanded and updated the free Relief Toolkit for Defenders. The purpose of the Toolkit is to help defenders quickly identify possible immigration applications or relief for which the client might be eligible. The toolkit is one of the Notes from the California Chart and Notes.
http://www.ilrc.org/files/documents/17._relief_toolkit_jan_2014_final_0.pdf
Thanks to Kathy Brady.

The TRUST Act, which went into effect Jan. 1, prevents local law enforcement from detaining noncitizens pursuant to an immigration hold or detainer, beyond the time that they otherwise could be released from criminal custody. See Immigrant Legal Resource Center, Guide, California TRUST Act: A Guide for Criminal Defenders, http://www.ilrc.org/crimes. This Guide discusses how the TRUST Act works and defense strategies in light of the Act. For more information on ICE holds and immigration enforcement generally, please see http://www.ilrc.org/policy-advocacy/immigration-enforcement.