Penal Code 191.5(a), gross vehicular manslaughter while intoxicated, arguably involves insufficient intent to qualify as a crime of violence aggravated felony, crime of domestic violence, or crime of moral turpitude.

Possession of controlled substances paraphernalia, under California Health & Saf. Code 11364 is not subject to the unidentified substance defense. See Matter of Paulus, 11 I. & N. Dec. 274 (BIA 1965). This is because advocates have not identified any extra substances covered under the relevant California drug schedules that are not listed in the federal Controlled Substances Act. Safer dispositions include accessory after the fact, under Penal Code 32, pre-plea diversion, or other suggestions set forth in the last practice advisory on Withdrawal of Plea after DEJ.

De Niz Robles v. Lynch, 803 F.3d 1165 (10th Cir. Oct. 20, 2015) (a ruling from the BIA which interprets an ambiguous statute, and which overrules prior circuit court precedent under Brand X, should be presumed to act prospectively only).

New Practice Advisory, K. Brady & M. Mehr, New California Drug Provision Helps Immigrants: Plea Withdrawal After Deferred Entry of Judgment (DEJ) (Immigrant Legal Resource Center, http://www.ilrc.org/resources/New_California_Drug_Law_1203.43

Dimaya v. Lynch, ___ F.3d ___ (9th Cir. Oct. 15 2015) (California conviction for burglary under Penal Code 459 is not a categorical crime of violence as defined by INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because the language in 18 U.S.C. 16(b), which is incorporated into 1101(a)(43)(F)s definition of a crime of violence, is unconstitutionally vague since the 18 U.S.C. 16(b) language suffers from the same indeterminacy the Supreme Court found void for vagueness in the Armed Career Criminal Acts residual clause definition of a violent felony in Johnson v. United States, 135 S. Ct.

Mocoso-Castellanos v. Lynch, 803 F.3d 1079 (9th Cir. Oct. 13, 2015) (respondent did not continue to accrue continuous physical presence, for purposes of non-LPR cancellation of removal, after being served with a notice to appear in removal proceedings that did not contain the date and time of appearance); see Matter of Camarrillo, 25 I. & N. Dec. 644 (BIA 2011).

Ruiz-Vidal v. Lynch, 803 F.3d 1049 (9th Cir. Oct. 9, 2015) (immigration court could look to originally charged count to identify controlled substance where noncitizen pleaded guilty to a lesser included offense; Ruiz"Vidal's plea"which references a specific count in the Information"and the Information, which references a specific controlled substance, provide clear and convincing evidence that Ruiz"Vidal was convicted of a removable offense.).

NOTE: This case does not necessarily apply to all pleas to lesser included offenses.

Peralta Sauceda v. Lynch, 804 F.3d 101 (1st Cir. Oct. 14, 2015) (noncitizen had burden of proof by a preponderance of the evidence to establish he had not been convicted of a crime of domestic violence, even though Maine courts do not maintain records sufficient to show whether he was convicted under the bodily injury prong of the Maine statute, rather than the general assault prong, which does not involve sufficient violence).

NOTE: This case has been reversed on rehearing by Peralta Sauceda v. Lynch, __ F.3d __ (1st Cir. Apr.

Peralta Sauceda v. Lynch, 804 F.3d 101 (1st Cir. Oct. 14, 2015) (Maine conviction of assault on wife, in violation of Me.Rev.Stat. Ann. tit. 17"A, 207(1)(A) ([a] person is guilty of assault if: A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.), is divisible, with the bodily injury prong constituting a domestic violence conviction under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), and the offensive contact prong not involving sufficient violence to qualify under that ground); see Matter of Sanudo, 23 I. & N. Dec.

This practice advisory and a link discuss state by state post-conviction relief statutes. http://www.adminrelief.org/resources/item.566101-Post_Conviction_Relief_...
They are also on the www.adminrelief.org website.