IMMIGRATION OFFENSES " ILLEGAL REENTRY " ELEMENTS -- FOUND-IN

United States v. Macias, 740 F.3d 96 (2d Cir. Jan. 14, 2014) (reversing conviction of being "found in" the United States after having been deported, since defendant was encountered by the authorities only after he had left the United States and sought lawful entry into Canada, was detained there, and then returned to the United States in custody, so he was not initially "found in" the United States, and, when later "found in" the United States, was in the U.S. involuntarily).

PRACTICE ADVISORY " CAL POST CON " VEHICLES " EXPUNGEMENTS " NEW REALIGNMENT EXPUNGEMENT STATUTE

Realignment Expungements under Penal Code 1203.41
By Norton Tooby

In 2013, the California Legislature enacted a Realignment Expungement statute granting the court the discretion to expunge felony sentences in excess of one year imposed under the realignment legislation. See Penal Code 1203.41 (effective Jan. 1, 2014, added by Stats.2013, c. 787, A.B.

AGGRAVATED FELONY " DOMESTIC VIOLENCE " CORPORAL INJURY TO SPOUSE

Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083 (9th Cir. 2010) (California conviction of corporal injury of a spouse constitutes a crime of violence, and thus is a crime of domestic violence, INA 237(a)(2)(E)(i), 8 U.S.C. 237(a)(2)(E)(i), for immigration purposes).

REMOVAL PROCEEDINGS " EVIDENCE " POLICE REPORTS ARE UNRELIABLE EVIDENCE

United States v. Johnson, ___ F.3d ___, 2013 WL 1188037 (8th Cir. Mar. 25, 2013) (police reports are unreliable as evidence that criminal conduct occurred).

POST CON RELIEF " EFFECTIVE ORDER " ARGUMENT BIA MUST ACCEPT STATE COURT POST-CONVICTION NUNC PRO TUNC ORDERS VACATING CONVICTIONS

Amponsah v. Holder, 709 F.3d 1318 (9th Cir. Mar. 22, 2013) (BIA's blanket rule against recognizing state courts' nunc pro tunc adoption decrees constitutes an impermissible construction of the term child in 8 U.S.C. 1101(b)(1)(E), and thus is not due deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council , Inc., 467 U.S.

CRIME OF MORAL TURPITUDE " FRAUD " FALSE SOCIAL SECURITY CARD

Marin-Rodriguez v. Holder, 710 F.3d 734 (7th Cir. Mar. 6, 2013) (federal violation of 18 U.S.C. 1546(a), where the noncitizen was charged with using a social security card, knowing that card was not assigned to him and had been unlawfully obtained, to secure and maintain employment, was a crime of moral turpitude as a fraud offense).

CAL POST CON " VEHICLES " PRIOR EXPUNGEMENT DOES NOT PREVENT LATER POST-CONVICTION RELIEF

The fact that a conviction had previously been expunged pursuant to Penal Code 1203.4(a) does not preclude later efforts to clear the defendants record with respect to the expunged conviction. Meyer v. Superior Court (1966) 247 Cal.App.2d 133. In Meyer, the defendant had been convicted of a wobbler as a felony in 1960, and had his conviction subsequently expunged pursuant to Penal Code 1203.4.

RELIEF -- LEGISLATION " VIOLENCE AGAINST WOMENS ACT " REAUTHORIZED AND EXPANDED

On Mar. 7, 2013, the President signed into law the reauthorized Violence Against Women Act (VAWA). The reauthorization contains some expanded protections for immigrants, but did not increase the number of available U visas. The law includes new provisions on stalking, children of self-petitioners, children of U visa applicants, immigrants engaged to citizens, and funding for law enforcement to fight trafficking.
The text of the reauthorization passed by Congress at http://www.immigrationadvocates.org/link.cfm?21056.

RELIEF " WAIVERS " UNLAWFUL PRESENCE PROVISIONAL WAIVERS

Starting Mar. 4, 2013, there is a new process for qualified immigrants who need a waiver of unlawful presence in the U.S. Under the new process, immigrant visa applicants in the immediate relative category may apply for a "provisional waiver" before departing for the consular interview if they are (a) inadmissible solely based on unlawful presence, and (b) can show extreme hardship to a USC spouse or parent.

 

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