SUPERVISED RELEASE - CONDITIONED ON DEPORTATION
United States v. Tinoso, 327 F.3d 864 (9th Cir. April 25, 2003) (court erred in ordering immediate deportation as a condition of supervised release under18 U.S.C. § 3583(d); it could at most order that the defendant be delivered to the INS for deportation proceedings in accordance with INS regulations).
DEPARTURE PENDING APPEAL FROM DEPORTATION ORDER
Aguilera-Ruiz v. Ashcroft, 348 F.3d 835 (9th Cir. November 4, 2003) (even a brief and casual departure from the United States, to buy tequila, candies and pinatas for a party, sufficient to execute order of deportation and constitute withdrawal of appeal to BIA)
CRIMINAL DEFENSE - KIDNAPPING - FEDERAL PARENTAL ACT AND HAGUE CONVENTION
United States v. Ventre, 338 F.3d 1097 (9th Cir. August 11, 2003) (return of child pursuant to civil proceedings under the Hague Convention does not foreclose criminal prosecution under the International Parental Kidnapping Crime Act of 1993).
ADMISSIBILITY OF EVIDENCE - ADMISSION OF ILLEGAL ALIENAGE CONSTITUTED PROBABLE CAUSE TO ARREST WITHOUT A WARRANT
United States v. Hernandez-Hernandez, 327 F.3d 703 (8th Cir. April 21, 2003) (officers had probable cause to arrest defendant without a warrant once he told them he was an illegal alien).
To read the full text of this opinion, go to:http://caselaw.lp.findlaw.com/data2/circs/8th/023246p.pdf
CRIM DEF - PLEA AGREEMENT NOT TO DEPORT
Margalli-Olvera v. INS, 43 F.3d 345 (8th Cir. 1994); Thomas v. INS, 35 F.3d 1332 (9th Cir. 1994) (court can order specific performance of federal plea agreement not to deport the defendant as the result of the conviction); but see 28 CFR 0.197 (Sept. 13, 1996) (any language regarding future immigration consequences in a plea agreement, cooperation agreement, or other agreement is not binding on the immigration authorities unless the immigration authorities agree in advance). There may be constitutional problems with this regulation. Kurzban Sourcebook 200 (9th ed. 2005).
CRIMINAL DEFENSE - SENTENCE - SENTENCING COURT CAN CONSIDER ILLEGAL IMMIGRATION STATUS IN IMPOSING SENTENCE IN CRIMINAL CASE
Alire v. State, ___ Ariz. App.2d ___, 2005 WL 189682 (Jan. 28, 2005) (criminal sentencing court is free to consider defendant's illegal immigration status as a factor in determining appropriate sentence for criminal conviction for driving under influence of alcohol).
http://www.apltwo.ct.state.az.us/Decisions/CR20040044Opinion.pdf
ILLEGAL REENTRY - SENTENCE - DOWNWARD DEPARTURE - CULTURAL ASSIMILATION
United States v. Castillo, ___ F.3d ___, 2004 WL 2101982 (5th Cir. Sept. 22, 2004) (no reversible plain error for district court to depart downwards in illegal reentry sentence on the basis of the defendant's cultural assimilation).
SENTENCING - UNITED STATES SENTENCING GUIDELINES - DOWNWARD DEPARTURE FOR WAIVING DEPORTATION RIGHTS
United States v. Ramirez-Marquez, 372 F.3d 935 (8th Cir. July 8, 2004) (to receive downward departure for waiving deportation rights defendant must demonstrate colorable defense to deportation and that waiver of that defense would substantially assist administration of justice).
CRIMINAL DEFENSE - SENTENCE - RESENTENCE - CANNOT RESENTENCE DEFENDANT AFTER DEFENDANT HAS BEEN DEPORTED
United States v. Plancarte-Alvarez, 366 F.3d 1058 (9th Cir. May 11, 2004) (deported defendant cannot be resentenced in drug case following deportation as Rule 43(a) of Federal Rules of Criminal Procedure require defendants presence at sentencing hearing).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350062p.pdf
SENTENCE - FEDERAL - NO DOWNWARD DEPARTURE TO AVOID DEPORTATION
United States v. Hernandez, 325 F.3d 811 (7th Cir. March 28, 2003) (court erred in granting a two-level downward departure under U.S.S.G. § 5K2.0, without which defendant is subject to deportation after conspiracy and counterfeiting convictions)
http://caselaw.lp.findlaw.com/data2/circs/7th/021535p.pdf
