RELIEF " NON-LPR CANCELLATION OF REMOVAL " GOOD MORAL CHARACTER

Duron-Ortiz v. Holder, 698 F.3d 523 (7th Cir. 2012) (ten year good moral character period ends upon the date of the final administrative hearing, not when the NTA is served; noncitizen who committed act of moral turpitude after NTA had been served could therefore be barred from non-LPR cancellation of removal), upholding Matter of Ortega-Cabrera, 23 I. & N. Dec. 793 (BIA 2005)

POST CON RELIEF " GROUNDS " PLEA " EN MASS PLEA

United States v. Aguilar-Vera, 698 F.3d 1196 (9th Cir. Oct. 29, 2012) (although the group plea proceeding violated Federal Rule of Criminal Procedure 11(b)(1) and 11(b)(2), the error was harmless beyond a reasonable doubt).

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " SENTENCE " FAILURE TO INVESTIGATE OR PRESENT MITIGATION

Stankewitz v. Wong, 698 F.3d 1163 (9th Cir. Oct., __ 2012) (record shows substantial mitigating evidence that could have been presented with little or no risk of further aggravating the negative information the jury already knew of defendant).

RELIEF " ADJUSTMENT OF STATUS " INA 212(a)(9)(C) BAR TO ADJUSTMENT

Garfias-Rodriguez v. Holder, ___ F.3d ___, 2012 WL 5077137 (9th Cir. Oct. 19, 2012) (en banc) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I), are ineligible for adjustment of status under INA 245(i), 8 U.S.C. 1255(i); this rule applies retroactively); deferring to Matter of Briones, 24 I. & N. Dec. 355, 371 (BIA 2007), and overruling Acosta v. Gonzales, 439 F.3d 550, 553"56 (9th Cir. 2006).

AGGRAVATED FELONY " CRIME OF VIOLENCE " KIDNAPPING

Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. Oct. 9, 2012) (California conviction for attempted kidnapping under Penal Code 207(a) is categorically an aggravated felony crime of violence, because an ordinary case of kidnapping punished under the statute presents a substantial risk of force).

JUDICIAL REVIEW " PETITION FOR REVIEW " INCORRECT LEGAL STANDARD

Ridore v. Holder, 696 F.3d 907 (9th Cir. Oct. 3, 2012) (BIA committed legal error by reviewing the IJ's findings under a de novo rather than clear error standard).

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO ASCERTAIN DEFENDANTS IMMIGRATION STATUS

State v. Paredez, 136 N.M. 533, 540, 101 P.3d 799, 806 (2004) (defense counsel has an affirmative duty to determine a clients immigration status and provide specific advice on impact of a plea on immigration), cited by Padilla v. Kentucky, 130 S.Ct. 1473, 1484 (2010).

CAL POST CON " HABEAS " CUSTODY " REVOKED PROBATION STOPS RUNNING AND CONTINUES CONSTRUCTIVE CUSTODY INDEFINITELY

People v. Salas, 210 Cal.App.4th 974, 148 Cal.Rptr.3d 852 (Cal.App. 2 Dist. Oct. 31, 2012) (affirming probation violation sentence where defendants probation was revoked, the running of the probationary period was tolled, and the court had jurisdiction later to revoke probation and execute defendant's suspended sentence).

CAL POST CON " EXPUNGEMENT " PROP 36 ELIGIBILITY

People v. Barros, 209 Cal.App. 4th 1581, 148 Cal.Rptr.3d 105 (Cal.App. 1 Dist. Oct. 16, 2012) (reversing denial of Prop 36 probation, for disqualifying offense in same proceeding, where earlier binding ruling that charges were not properly joined under Penal Code 954 precluded conclusion that both convictions occurred in same proceeding).

CRIM DEF " DETENTION " PRISONER TRANSFER TREATY " BOLIVIA " CANADA " FRANCE " HONG KONG S.A.R. " MARSHALL ISLANDS " MEXICO " MICRONESIA " PALAU " PANAMA " PERU " THAILAND " TURKEY

The Department of State reports there is a prisoner transfer treaty with Peru. http://travel.state.gov/law/legal/treaty/treaty_1989.html (The United States has 12 bilateral prisoner transfer treaties in force in Bolivia, Canada, France, Hong Kong S.A.R., Marshall Islands, Mexico, Micronesia, Palau, Panama, Peru, Thailand and Turkey. In addition, the United States is a party to two multilateral prisoner transfer treaties.). Thanks to Jonathan Moore.

 

TRANSLATE