CRIM DEF " SENTENCE " EARLY RELEASE PROGRAM " WASHINGTON

The link to Washington State Dept. of Corrections early release policy implementing the state law can be found here: http://www.defensenet.org/immigration-project/immigration-resources/earl.... The DHS Rapid Repatriation fact sheet states that Washington is participating and gives as an eligibility criteria that: Criminal alien voluntarily consents and agrees to participate in ICE Rapid REPAT http://www.ice.gov/news/library/factsheets/rapidrepat.htm. Thanks to Jonathan Moore.

CONVICTION " NO-PLEA DIVERSION PROGRAMS " PRACTICE ADVISORY

Practice Advisory on Arizona TASC and similar programs: State no-plea diversion programs in which a defendants confession is not placed in the court file do not constitute convictions for immigration purposes under the statutory definition of conviction. INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A). The admission of facts referred to in this statute must mean an admission to the court, rather than to the prosecutor.

PRACTICE ADVISORY " CRIM DEF " SENTENCE " EARLY RELEASE FROM PRISON TO DEPORTATION

National Immigration Project, Practice Advisory, Early Release Programs for Nonviolent Offenders Pursuant to 8 U.S.C. 1231(a)(4)(B). http://www.nationalimmigrationproject.org/publications.htm

POST CON RELIEF " ILLINOIS PCR AMENDMENT RE CUSTODY

Illinois is considering legislation to amend the Illinois Post-Conviction Hearing Act (725 ILCS 5/122-), 1(a), to extend the concept of custody for state habeas corpus purposes to provide that: Any person imprisoned in the penitentiary or otherwise confined, or subject to being confined by the state, local, or federal government as a result of a state criminal conviction may institute a proceeding under this Article if the person asserts that: [sufficient grounds of legal invalidity exist].

OVERVIEW " REMOVAL PROCEEDINGS " JURISDICTION AFTER DEPARTURE

Matter of Sanchez-Herbert, 26 I. & N. Dec. 43 (IJ retains jurisdiction to order removal of a noncitizen who has been properly charged even after the respondent has departed the United States; IJ should have ordered respondent removed in absentia).

POST CON RELIEF " NEW JERSEY " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA

Annot., Construction and Application by State Supreme Courts of Supreme Court's Ruling in Padilla v. Kentucky, 130 S. CT.1473, 76 L. Ed. 2d 284 (2010), That Defense Counsel Has obligation to Advise Defendant That Entering Guilty Plea Could Result in Deportation, 74 A.L. R. 6th 373 (2012); see generally Dorothy A. Harbeck et al., The Impact of Padilla v. Kentucky on the Immigration Courts: Does the Potential for Vacating a Criminal Plea Effect Removal/Deportation Proceedings?, 1 ST. JOHNS J. INTL & COMP. L. 48 (2011).

CONTROLLED SUBSTANCES " DEPORTATION GROUND " SINGLE MARIJUANA OFFENSE EXCEPTION

Matter of Davey, 26 I&N Dec. 37, 38-39 (BIA Oct. 23, 2012) (Arizona convictions of possession of marijuana, in violation of Ariz. Rev. Statute 13-3405(A)(1), and possession of drug paraphernalia (the plastic bag in which the marijuana was contained), Ariz. Rev. Statute 13-3415(A), constituted a single offense involving a small quantity of marijuana, under INA 237(a)(2)(B)(i), 8 U.S.C.

WAIVERS " INA 212(h) WAIVER " CONTROLLED SUBSTANCES " INADMISSIBILITY " SINGLE MARIJUANA OFFENSE EXCEPTION

Matter of Davey, 26 I&N Dec. 37, 38-39 (BIA Oct. 23, 2012) (Arizona convictions of possession of marijuana, in violation of Ariz. Rev. Statute 13-3405(A)(1), and possession of drug paraphernalia (the plastic bag in which the marijuana was contained), Ariz. Rev. Statute 13-3415(A), constituted a single offense involving a small quantity of marijuana, under INA 237(a)(2)(B)(i), 8 U.S.C.

CONTROLLED SUBSTANCES " DEPORTATION GROUND " SINGLE OFFENSE EXCEPTION " CIRCUMSTANCE-SPECIFIC INQUIRY

Matter of Davey, 26 I&N Dec. 37, 38-39 (BIA Oct. 23, 2012) (question whether a noncitizen committed a single offense involving a small quantity of marijuana, under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i), to qualify for this exception to the controlled substances deportation ground, was a circumstance-specific inquiry, that is, an inquiry into the nature of the aliens conduct. It does not suggest a focus on the formal elements of generic offenses.); citing Nijhawan v. Holder, 557 U.S. 29, 34 (2009).

RELIEF " PAROLE " PAROLING LPR INTO THE UNITED STATES FOR PROSECUTION

Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012) (the time at which the DHS must determine whether a LPR is an applicant for admission because he or she falls under INA 101(a)(13)(C)(v), 8 U.S.C. 1101 (a)(13)(C)(v), is generally at the earliest opportunity, before the initiation of removal proceedings; the DHS may delay this determination when paroling a noncitizen to face prosecution until after the prosecution has been resolved).
http://www.justice.gov/eoir/vll/intdec/vol26/3773.pdf

 

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