Capsule-updates for SH (Safe Havens)

RELIEF - ADJUSTMENT OF STATUS - ADMISSION

Aremu v. DHS, 450 F.3d 578 (4th Cir. 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), vacated by Aremu v. Dept. of Homeland Security, 450 F.3d 578 (4th Cir. 2006) (for noncitizen previously admitted to the United States, the date of adjustment of status does not constitute a new "admission" for purposes of determining whether the noncitizen is deportable for having committed a CMT within five years of admission, under INA 237(a)(2)(A)(i)), overruling Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005).

Note: The court cited Abdelqadar v. Gonzalez, 413 F.3d F.3d 668 (7th Cir.

jurisdiction: 
Fourth Circuit

DOMESTIC VIOLENCE - SIMPLE BATTERY - EVIDENCE OF DOMESTIC RELATIONSHIP

Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another), not shown on this record under modified categorical analysis to be a crime of domestic violence, within the meaning of 8 U.S.C.

jurisdiction: 
Ninth Circuit

DOMESTIC VIOLENCE - DIVISIBLE STATUTE ANALYSIS

Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another), not shown on this record under modified categorical analysis to be a crime of domestic violence, within the meaning of 8 U.S.C.

jurisdiction: 
Ninth Circuit

SAFE HAVEN - IDENTITY THEFT - UNAUTHORIZED USE OF IDENTITY

People v. Hagedorn, __ Cal.App.4th __ (March 18, 2005) (California Penal Code 530.5 (use of identifying information for unlawful purpose) can be violated where person attempts to cash check made out in another's name, using that person's identification, for work that the actor had done using the other person's name; therefore this statute does not require an intent to defraud).

jurisdiction: 
Lower Courts of Ninth Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - ENDANGERING WELFARE OF CHILDREN

Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann. 2C:24-4(a), is not a aggravated felony sexual abuse of a minor, because the portion of the statute related to sexual conduct does not require that the conduct with a child).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044316p.pdf

jurisdiction: 
Third Circuit

SAFE HAVEN - KNOWINGLY POSSESS STOLEN OR FORGED ID DOCUMENT

A conviction of violating 18 U.S.C. 1028(a)(6) (knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority), may be a crime of moral turpitude for immigration purposes.

jurisdiction: 
Other

SAFE HAVEN - FAILURE TO REPORT CASH WHEN LEAVING UNITED STATES

The offense of failing to file a report when carrying more than a certain amount of currency out of the United States, in violation of 31 USC 5316 and 5322 and 31 CFR 103.23, does not appear to constitute a CMT or aggravated felony conviction.

jurisdiction: 
Other

SAFE HAVEN - IDENTITY THEFT

ARS 13-2008: Taking Identity of Another Person or Entity, A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually

jurisdiction: 
Other

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