RELIEF - ASYLUM - SERIOUS NONPOLITICAL CRIMES
Chay-Velasquez v. Ashcroft, 367 F.3d 751 (8th Cir. May 6, 2004) (noncitizen who had committed serious nonpolitical crimes in native country ineligible for asylum or withholding or removal).
http://caselaw.lp.findlaw.com/data2/circs/8th/031493p.pdf
RECORD OF CONVICTION - PRESENTENCE REPORT
Abreu-Reyes v. INS, 350 F.3d 966 (9th Cir. Nov. 21, 2003) (petition for review granted as immigration judge is not authorized to use pre-sentence report in determining whether defendant is aggravated felon for removal purposes).
http://caselaw.lp.findlaw.com/data2/circs/9th/9970542p.pdf
FIREARMS CONVICTION - SUFFICIENCY OF EVIDENCE
Adefemi v. Ashcroft, 386 F.3d 1022 (11th Cir. September 28, 2004) (ambiguous court record held sufficient to establish that respondent had been convicted of a firearms offense, and was thus not eligible for a waiver of deportability under INA 212(c)).
SAFE HAVENS -- CONVICTION - CRIME - FEDERAL CITATION FOR MARIJUANA POSSESSION IN NATIONAL PARK
Since a citation for possession of marijuana in a National Park does not carry a jail sentence, it is possible it does not constitute a crime and therefore cannot trigger deportability as a conviction of a crime related to a controlled substance. See Matter of Eslamizar, 23 I. & N. Dec. 684 (BIA Oct. 19, 2004) (en banc).
CONVICTION - DEFERRED ADJUDICATION
Madriz-Alvarado v. Ashcroft, 383 F.3d 321 (5th Cir. Aug. 27, 2004) (deferred adjudication for drug possession was a "conviction" for immigration purposes; IIRIRA definition of "conviction" is retroactive).
CONVICTION - STATE ALTERNATIVE DISPOSITION - NEW YORK - "ACD" DOES NOT CONSTITUTE A CONVICTION FOR IMMIGRATION PURPOSES
An "Adjournment in Contemplation of Dismissal" or "ACD" is an immigration neutral disposition in that it is a pre-plea disposition in which the prosecution eventually dismisses the case after a specified period of time (usually 6 months or a year) without ever taking any plea on the issue of guilt or making any determination. During the ACD period, the criminal case is open.
JUVENILES - ADMISSIONS OF CRIMES
Adult non-citizens cannot "admit" to having committed drug offenses or crimes involving moral turpitude if those offenses were committed while the non-citizens were still juveniles, and the conduct required mandatory delinquency treatment under the law of the convicting jurisdiction. Matter of M-U-, 2 I& N Dec. 92 (BIA 1944). Be sure to look to the convicting jurisdictions rules on when a child can be charged as an adult.
CONDUCT RELATED GROUNDS - IMMIGRATION JUDGE MAY CONSIDER CRIMINAL CONDUCT NOT RESULTING IN FINAL CONVICTION
Matter of Thomas, Int. Dec. 3245(BIA )("In determining whether an application for relief [voluntary departure] is merited as a matter of discretion, evidence of unfavorable conduct, including criminal conduct which has not culminated in a final conviction for purposes of the Act, may be considered.").
JUVENILES - ADMISSION DOES NOT CREATE GROUND OF INADMISSIBILITY
A juvenile who admits the essential elements of a CMT is not thereby rendered inadmissible. In Matter of MU, 2 I. & N. Dec. 92 (BIA 1944), the Board held that a respondent who as an adult admitted to having committed a "theft" as a juvenile has not admitted the essential elements of a CMT because the conduct as a matter of law could constitute only juvenile delinquency. This reasoning also applies with full force to the issue of inadmissibility based on an admission of the essential elements of a controlled substance offense.
REASON TO BELIEVE - PROBABLE CAUSE - POSSESSION FOR SALE
Maryland v. Pringle, ___ U.S. ___ (2003) (probable cause to arrest all occupants of vehicle may arise upon observation of large amount of money in common area of vehicle and lawful search of vehicle resulting in finding narcotics in common area of vehicle).