REMOVAL PROCEEDING " IN ABSENTIA ORDER " MOTION TO REOPEN
Smykiene v. Holder, 707 F.3d 785 (7th Cir. Feb. 13, 2013) (Immigration Judge and the BIA erred in allowing noncitizen who claimed not to have received notice to reopen her case; BIA failed to recognize its own distinction between providing notice, and receipt of notice).
JUDICIAL REVIEW " PETITION FOR REVIEW " GROUNDS " BIA MISAPPLICATION OF ITS OWN PRECEDENT
Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. Feb. 13, 2013) (granting petition for review, since BIA misapplied its own precedent in holding that witnesses who testify against gang members may not constitute a particular social group due to a lack of social visibility for purposes of asylum eligibility).
REMOVAL PROCEEDING " INEFFECTIVE ASSISTANCE
Correa-Rivera v. Holder, 706 F.3d 1128 (9th Cir. 2013) (Lozada doesn't require that a petitioner present probative evidence of having submitted a complaint to the bar, much less correspondence from the bar acknowledging such a complaint. Lozada suggests only that the motion should reflect whether such a complaint has been filed.).
AGGRAVATED FELONY " CRIME OF VIOLENCE " 18 US.C. 16(b) " POSSESSION OF SHORT-BARRELED SHOTGUN
United States v. Reyes, 907 F.Supp.2d 1068 (N.D.Cal., 2012) (conviction of possession of a short-barreled shotgun is not a crime of violence within the meaning of 18 U.S.C. 16(b), because [T]he risk of physical force central to the definition of a crime of violence under 16(b) is the risk of its use in the course of committing the offense"its use in completing the crime.); noting that United States v. Dunn, 946 F.2d 615, 620"21 (9th Cir.1991), has been effectively overruled by Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004); see Covarrubias"Teposte v.
AGGRAVATED FELONY " THEFT " SHOPLIFTING
Ramos v. U.S. Attorney General, 709 F.3d 1066 (11th Cir. Feb.
AGGRAVATED FELONY " THEFT OFFENSE " GENERIC DEFINITION
Ramos v. U.S. Attorney General, 709 F.3d 1066 (11th Cir. Feb. 19, 2013) (an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), is defined as: the taking of property ... with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent.); quoting Gonzales v. Duenas"Alvarez, 549 U.S. 183, 189, 127 S.Ct. 815, 819"20, 166 L.Ed.2d 683 (2007).
AGGRAVATED FELONY " CATEGORICAL ANALYSIS " REALISTIC PROBABILITY " THIS NEED NOT BE SHOWN WHERE STATUTORY LANGUAGE ITSELF EXPLICITLY INCLUDES CONDUCT BEYOND REMOVAL GROUND
Ramos v. U.S. Attorney General, 709 F.3d 1066 (11th Cir. Feb. 19, 2013) (Here, the Government argues that, under Duenas"Alvarez, Ramos must show that Georgia would use the Georgia statute to prosecute conduct falling outside the generic definition of theft; if he cannot, the Government argues, the statute cannot be considered divisible.
CRIMES OF MORAL TURPITUDE " RESISTING ARREST " RESISTING AN OFFICER WITH VIOLENCE
Cano v. U.S. Attorney General, 709 F.3d 1052 (11th Cir. Feb. 15, 2013) (Florida conviction for resisting an officer with violence, in violation of Fla. Stat. 843.01 [knowingly and willfully resists, obstructs, or opposes any [officer] ... by offering or doing violence to the person of such officer], is a crime involving moral turpitude, because the offense requires intentionally offering or doing violence to the officers person); following United States v. Romo"Villalobos, 674 F.3d 1246, 1250 n.4 (11th Cir.
IMMIGRATION OFFENSES " ILLEGAL RE-ENTRY " EXCULPATORY EVIDENCE
United States v. Muniz-Jaquez, __ F.3d __ (9th Cir. 2013) (conviction for being found in the U.S. after deportation was vacated where District Court erred in excluding potentially exculpatory evidence of U.S. Border Patrol dispatch tapes).
DETENTION " MANDATORY DETENTION " WHEN RELEASED
Castillo v. ICE Field Office Director, 907 F.Supp.2d 1235 (W.D. Wash. Nov. 14, 2012) (noncitizen not subject to mandatory detention under INA 236(c) where ICE did not detain noncitizen immediately upon release from criminal custody).