POST-CONVICTION - JRADS ISSUED BEFORE EFFECTIVE DATE OF IMM ACT 90 REMAIN EFFECTIVE
Renteria-Gonzalez v. INS, 322 F.3d 804 (5th Cir. Feb. 27, 2003)(amending opinion on denial of rehearing)("[P]re-enactment JRAD's remain effective. Thus, the INS could not have deported Renteria-Gonzalez for the offenses specified in the JRAD even after enactment of the [Immigration] Act [of 1990 which abolished future grants of JRADs]).
SAFE HAVEN - AGGRAVATED FELONY - OBSTRUCTION OF JUSTICE -- ELUDING AN OFFICER OFFENSE DOES NOT MEET BIA DEFINITION OF OBSTRUCTING
California Penal Code 2800.2, eluding an officer, should not be considered an obstruction of justice offense within the meaning of INA 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S). See Matter of Espinoza, 22 I. & N. Dec.
AGGRAVATED FELONY - SENTENCE - POTENTIAL MAXIMUM SENTENCE
RECORD OF CONVICTION - DISJUNCTIVE ELEMENTS
United States v. Calderon-Pena, 339 F.3d 320 (5th Cir. July 17, 2003) (court may look to indictment to determine which of a series of disjunctive elements defendant's conviction satisfies in determining whether conviction is a "crime of violence"; Texas conviction for endangering child a crime of violence for sentencing purposes). [In an order published March 4, 2004, the 5th Circuit will rehear U.S. v. Calderon-Peña.]
AGGRAVATED FELONY - RETROACTIVITY OF DEFINITION TO PRE-EXISTING CONVICTION
Sena v. Gonzales, 428 F.3d 50 (1st Cir. Nov. 2, 2005) (no due process violation through retroactive application of IIRAIRA expanded definition of "aggravated felony" to one who, at time he pled guilty to encouraging an alien to reside illegally in the United States, could not have been deported for that offense because it did not qualify as "aggravated felony").
AGGRAVATED FELONY - RETROACTIVITY
Guaylupo-Moya v. Gonzalez, 423 F.3d 121 (2d Cir. Sept. 12, 2005) (aggravated felony definition retroactive; ex post facto clause does not apply to civil deportation proceedings).
AGGRAVATED FELONY - RETROACTIVITY
Alvarez-Barajas v. Gonzales, 418 F.3d 1050 (9th Cir. Aug. 11, 2005) (retroactive application of aggravated felony definition proper)
http://caselaw.lp.findlaw.com/data2/circs/9th/0455733p.pdf
AGGRAVATED FELONY - RETROACTIVITY
Cordes v. Gonzales, __ F.3d __ (9th Cir. Aug. 10, 2005) (retroactive application of aggravated felony definition is supported by a rational basis and does not violate the Due Process Clause of the Constitution).
http://caselaw.lp.findlaw.com/data2/circs/9th/0415988p.pdf
AGGRAVATED FELONY - RETROACTIVITY - DEPORTATION GROUND MAY APPLY RETROACTIVELY TO NONCITIZENS WHO PLEADED GUILTY AFTER AEDPA EFFECTIVE DATE, EVEN THOUGH THE CRIMINAL OFFENSE OCCURRED PRIOR TO THE EFFECTIVE DATE
Khan v. Ashcroft, ___ F.3d ___ (2d Cir. Jan. 7, 2005) (AEDPA is not impermissibly retroactive when applied to noncitizens who pleaded guilty following AEDPA's effective date, even if the criminal conduct underlying their convictions took place before AEDPA's effective date).
http://caselaw.lp.findlaw.com/data2/circs/2nd/032126pv3.pdf
STATUTORY INTERPRETATION - RETROACTIVITY
Morawetz, Nancy, Determining the Retroactive Effect of Laws Altering the Consequences of Criminal Convictions, 21 Law and History Review, Issue 1 (Spring 2003) http://www.historycooperative.org/journals/lhr/21.1/ngai.html
