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Monthly Case Law Update

A subscription to the monthly Web Update eNewsletter will be sent to your email address, containing recent developments relating to all of our six Practice Manuals, valuable articles on topical issues of importance to criminal immigration law, and archives of past editions going back for 10 years.  The case summaries are indexed to the specific Practice Manual and section where the topic is discussed in more detail.

 

 

Practice Manual Updates

The Premium Membership also includes access to the updates to each of our six Practice Manuals covering all recent developments from the publication date to the present.  Simply login, go to the My Account Area, choose the Practice Manual in which you are interested, find the appropriate chapter and section number, and you will find all case summaries of relevant cases from the publication date to the present.  (You will not, however, receive the text of the Online Edition itself, without purchasing it.)  This Update Service is very valuable for owners of Print Editions of our Practice Manuals that were sold before the Online Editions became available, and one low price for Premium Membership secures access to online updates for all six Practice Manuals.

 

Our six Practice Manuals are:

• Aggravated Felonies

• Criminal Defense of Immigrants

• Crimes of Moral Turpitude

• Post-Conviction Relief for Immigrants

• Safe Havens: How to Identify and Construct Non-Deportable Convictions

• California Post-Conviction Relief for Immigrants

 

Checklists, including

Deportation Grounds Checklist                            

Aggravated Felony Category Case Index
Aggravated Felony Crime Case Index               

Crimes of Moral Turpitude Table

 

 

Deportation Grounds Checklist 

 

This is the only complete list of all grounds of deportation, that summarizes the statute defining the ground of deportation, any exceptions to it, and the waivers created in the statute.

 

 

Aggravated Felony Category Case Index

 

This index contains all reported cases of the BIA and all federal courts holding that a particular conviction does or does not fall within a particular aggravated felony category.  All case summaries have been summarized and indexed alphabetically according to the name of the category.

 

We use the phrase "Aggravated Felony Category," or simply "category," to describe the theory or phrase, in the aggravated felony statute, under which a given criminal conviction may or may not constitute an aggravated felony. Examples of categories are "Murder," "Crime of Violence," and "Theft Offense."

 

The Category Case Index takes all decisions of all courts defining what is, and is not, an aggravated felony, and organizes them according to the category they might or might not fall within. These categories are organized in alphabetical order. Therefore, looking under "C" for "Crime of Violence" will produce all decisions construing that phrase.

 

For categories containing many entries, the case summaries are organized according to the court of decision, in the following order:

- Board of Immigration Appeals
- First Circuit
- Second Circuit, and so forth, and
- District Court.

Within the group of decisions of a particular court, the decisions are given in reverse chronological order (most recent first).

 

 

Aggravated Felony Crime Case Index

 

All reported cases of the BIA and all federal courts holding that a particular conviction does or does not fall within a particular aggravated felony category have been summarized and indexed alphabetically according to the name of the crime.

 

Each decision concerning whether a specific criminal conviction constitutes an aggravated felony under a certain category has been labelled according to the common name of the criminal conviction involved. Examples of the labels given to criminal convictions are "Murder," "Burglary of Vehicle," and "Possession of Cocaine." Some of these labels are the same as certain aggravated felony "categories," indexed in the Category Case Index. This is a coincidence: remember that the labels contained in the Crime Case Index refer to the nature of the criminal conviction involved in the case, rather than the possibly similar label given to the aggravated felony category to which it is being compared.

 

The Crime Case Index takes all decisions of all courts defining whether a given criminal conviction is, or is not, an aggravated felony, and organizes them according to the common name of the specific crime of conviction. These crime labels are organized in alphabetical order. Therefore, looking under "C" for "Conspiracy" will produce all decisions considering whether a conspiracy conviction constitutes an aggravated felony under any category.

 

 

Crimes of Moral Turpitude Table

 

This file contains case capsule summaries of decisions of the Board of Immigration Appeals, and all federal courts, that state what offenses are and are not crimes of moral turpitude. All BIA cases from 1 I. & N. Dec. 1 to the present are included. All reported federal cases decided by the U.S. Supreme Court Circuit Courts of Appeal, and district courts from 1940 to the present are included. The vast majority of the indexed decisions are cases in which the phrase "moral turpitude" was interpreted for immigration purposes; the table also includes a handful of federal court decisions interpreting "moral turpitude" for witness impeachment purposes, for whatever persuasive value they may have. These cases are signaled by an asterisk. About 2000 decisions were reviewed for possible inclusion in this table.

 

The case summaries are organized alphabetically by a brief verbal definition of the crime involved in the case. A determination as to the presence or absence of moral turpitude is based on the crime as defined by the statute and the record of conviction at the time of the decision. Consequently, the cases collected below should be used as the starting point rather than as a substitute for legal research.

 

 

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