AGGRAVATED FELONY " CRIME OF VIOLENCE " 18 U.S.C. 16(b) " FALSE IMPRISONMENT
Barragan-Lopez v. Holder, 705 F.3d 1112 (9th Cir. Jan. 29, 2013) (California conviction of false imprisonment, in violation of California Penal Code 210.5 [false imprisonment under 236, for purposes of protection from arrest, which substantially increases the risk of harm to the victim], is categorically a crime of violence under 18 U.S.C. 16(b), because it involves a substantial risk that force may be used, and petitioner was thus removable as an aggravated felon) under INA 101(a)(43)(F), 8 U.S.C.
JUDICIAL REVIEW " PETITION FOR REVIEW " COURT CANNOT AFFIRM THE BIA ON A GROUND ON WHICH IT DID NOT RELY
Barragan-Lopez v. Holder, 705 F.3d 1112 (9th Cir. Jan. 29, 2013) (court of appeal cannot affirm the BIA or IJ on a ground upon which it did not rely.); quoting Ali v. Holder, 637 F.3d 1025, 1029 (9th Cir. 2011).
RELIEF " ADJUSTMENT OF STATUS " PERMANENT BAR " ILLEGAL REENTRY AFTER REMOVAL OR UNLAWFUL PRESENCE " RETROACTIVE APPLICATION
Carrillo de Palacios v. Holder, 708 F.3d 1066, 2013 WL 310387 (9th Cir. Jan. 28, 2013) (petitioner was not eligible to adjust status to lawful permanent resident, where: 1) she was inadmissible under INA 212(a)(9)(C)(i), 8 U.S.C. 1182(a)(9)(C)(i), because after she was ordered removed she returned to the United States without being admitted; 2) the agency's statutory interpretation of this statute applies retroactively to noncitizens who applied for adjustment of status prior to the Ninth Circuits decision in Duran-Gonzales v. Holder, 508 F.3d 1227 (9th Cir. 2007)).
CITIZENSHIP " UNITED STATES NATIONAL
Patel v. Napolitano, 706 F.3d 370, 2013 WL 285711 (4th Cir. Jan. 25, 2013) (affirming dismissal of action by federal inmate under 8 U.S.C. 1503(a) for a judgment declaring him a United States national, district court's dismissal, where plaintiff does not claim to be a United States national under the BIA's interpretation of 8 U.S.C. 1101(a)(22), that the statute does not confer nationality on aliens who claim only to owe permanent allegiance to the United States).
CAL POST CON " EX POST FACTO " REALIGNMENT
People v. Hul, 213 Cal.App.4th 182, 2013 WL 323709 (Jan. 29, 2013) (where an offense occurred before enactment of The Realignment Act of 2011, defendants 16-month sentence should have been served in state prison rather than county jail, and thus, the applicable rate of presentence conduct credit should have been full, day-for-day credit, and not half-time as applied by the trial court).
RELIEF " INSPECTION AND ENTRY AT A PORT OF ENTRY " DEFINITION OF ADMISSION
Inspection and Entry at a Port of Entry: Where is There an Admission? (Jan. 30, 2013) (this applies beyond the DACA context and discusses entries in three common situations: where a noncitizen is waved through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship).
http://www.legalactioncenter.org/practice-advisories/%E2%80%9Cbrief-casu...
IMMIGRATION OFFENSES" SENTENCE " RESTITUTION ORDER " COURTS FAILURE TO PROVIDE AN ADEQUATE LEGAL AND FACTUAL BASIS FOR RESTITUTION ORDER
United States v. Xu, 706 F.3d 965, 2013 WL 28392 (9th Cir. Jan.
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL "STATE IMMIGRATION ADVISAL WARNING DOES NOT PRECLUDE IAC CLAIM
Hernandez v. State, 2012 WL 5869660 (Fla. Nov. 21, 2012) (a trial court's warning to a defendant that the plea may subject him or her to deportation, does not preclude a finding of prejudice where the defendant is facing mandatory deportation).
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL "PADILLA DOES NOT APPLY RETROACTIVELY
Hernandez v. State, ___ So.3d ___, 2012 WL 5869660 (Fla. Nov. 21, 2012) (Padilla does not apply retroactively to the petitioner's 2001 conviction under state retroactivity law).
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL "PADILLA APPLIES RETROACTIVELY WHERE POST-CONVICTION MOTION WAS TIMELY FILED AND PENDING WHEN PADILLA WAS DECIDED
Castano v. State, ___ So.3d ___, 2012 WL 5869668 (Fla. Nov. 21, 2012) (per curiam) (Padilla does apply retroactively to petitioner's 2009 conviction because her postconviction motion was timely filed and pending when Padilla issued, even though the conviction was already final).