CONVICTION - PROOF OF EXISTENCE OF CONVICTION - RAP SHEET ALONE INSUFFICIENT
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (Jamaican rap sheet contained in police report was, by itself, insufficient to demonstrate the existence of a "conviction" for immigration purposes, since the document by itself did not show adjudication of guilt; commentary to 8 C.F.R. 1003.41(d) suggests rap sheets admissible but not conclusive).
AGGRAVATED FELONY - CRIME OF VIOLENCE - THIRD DEGREE CRIMINAL SEXUAL CONDUCT
United States v. Fernandez-Cusco, __ F.3d __ (5th Cir. Apr. 20, 2006) (Minnesota felony conviction for third degree sexual conduct, under Minn. Stat. 8 609.344, is not necessarily a "forcible sex offense," and therefore not categorically a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540289cr0p.pdf
CONTROLLED SUBSTANCES - GUIDELINES - POSSESSION IS NOT CONTROLLED SUBSTANCES OFFENSE
Salinas v. United States, 547 U. S. ___, 2006 WL 1059408 (Apr. 24, 2006) (per curiam) (conviction for simple possession of a controlled substance did not constitute a "controlled substance offense" for purposes of United States Sentencing Commission, Guidelines Manual 4B1.1(a) (2003), since that term requires additional elements: "controlled substance offense" is defined in pertinent part, however, as "an offense under federal or state law . . . that prohibits . . .
AGGRAVATED FELONY - CRIME OF VIOLENCE - ATTEMPTED SEXUAL BATTERY
United States v. Meraz-Enriquez, __ F.3d __, 2006 WL 515477 (5th Cir. Mar. 3, 2006) (Kansas conviction of attempted sexual battery, in violation of Kan. Stat. Ann. 21- 3518, which punishes a sexual touching of a person who is too intoxicated to be able to give consent to the touching, is not a crime of violence for illegal re-entry sentencing purposes because the offense does not require the use of force).
RELIEF - NATURALIZATION - TERMINATION OF REMOVAL TO ALLOW NATS
Matter of Cruz, 15 I. & N. Dec. 236 (BIA 1974) requires an "affirmative communication" from the DHS to allow an IJ to terminate proceedings to allow a noncitizen to apply for naturalization. This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.
CITIZENSHIP - DERIVATIVE CITIZENSHIP
Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. Apr. 20, 2006) (sole - not joint - "legal custody" by a naturalized parent is required for a child seeking derivative naturalization; requirement not met where divorce decree awarded "sole physical custody" of child to mother, but required parents to share "joint legal custody.").
http://caselaw.lp.findlaw.com/data2/circs/5th/0560247cv0p.pdf
CITIZENSHIP - REVOCATION
United States v. Zajanckauskas, 441 F.3d 32 (1st Cir. Mar. 23, 2006) (U.S. naturalized citizenship of a former soldier in the German Army who participated in the clearing of the Warsaw Ghetto during WWII is revoked).
http://laws.lp.findlaw.com/1st/051457.html
RELIEF - POLITICAL ASYLUM - PARTICULARLY SERIOUS CRIME
Tunis v. Gonzales, 447 F.3d 547 (7th Cir. May 15, 2006) (Wisconsin conviction of two counts of selling less than a gram of cocaine, with two years suspended sentence, with seven months actual custody ordered, constituted aggravated felony drug trafficking convictions, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), and thus particularly serious crimes under 8 U.S.C.
RELIEF - REINSTATEMENT
Sandoval v. US Attorney Gen., 440 F.3d 1276 (11th Feb. 27, 2006) (expedited removal regulation, 8 C.F.R. 241.8, is not ultra vires to statute, and does not violate due process; statute is not impermissibly retroactive when applied to a noncitizen who illegally re-entered the United States after IIRAIRA; reinstatement statute is not in conflict with INA 245(i) provisions). http://caselaw.lp.findlaw.com/data2/circs/11th/0412223p.pdf
RELIEF - REINSTATEMENT OF REMOVAL ORDER - WHETHER REINSTATEMENT APPLIES TO NONCITIZEN WHO ENTERED THE UNITED STATES ILLEGALLY BEFORE THE EFFECTIVE DATE OF IIRAIRA
Fernandez-Vargas v. Gonzales, ___ U.S. ___ (Mar. 22, 2006) (granting certiorari to answer "whether and under what circumstances INA 241(a)(5) applies to an alien who reentered the United States illegally before the effective date of IIRAIRA, April 1, 1997.").