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

jurisdiction: 
Eighth Circuit

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

jurisdiction: 
Ninth Circuit

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)).

jurisdiction: 
Eleventh Circuit

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).

jurisdiction: 
BIA

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).

jurisdiction: 
Fifth Circuit

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.

jurisdiction: 
Other

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.

jurisdiction: 
BIA

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.").

jurisdiction: 
BIA

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.

jurisdiction: 
BIA

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).

jurisdiction: 
US Supreme Ct

 

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