Capsule-updates for SH (Safe Havens)

CONVICTION - RECORD OF CONVICTION - DOCUMENTS EXCLUDED - POLICE REPORTS

United States v. Guerrero-Velasquez, ___ F.3d ___ (9th Cir. Jan. 19, 2006) (in conducting modified categorical analysis, record of conviction excludes police reports).
http://caselaw.lp.findlaw.com/data2/circs/9th/0530066p.pdf

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION - POLICE REPORTS

Shepard v. United States, ___ U.S. ___, 125 S.Ct. 1254 (March 7, 2005) (a court sentencing under the Armed Career Criminal Act may not look to police reports or complaint applications to determine whether an earlier guilty plea necessarily admitted, and supported a conviction for, generic burglary so as to serve as a predicate offense for a sentence enhancement).

jurisdiction: 
US Supreme Ct

FIREARMS OFFENSE

United States v. Martinez-Hernandez, 422 F.3d 1084 (10th Cir. Sept. 2, 2005) (California conviction for possession of a weapon, in violation of Penal Code 12020(a)(1) cannot be considered a "firearms offense" where the record of conviction did not specify the weapon, even though the police report indicated that the weapon involved was a sawed-off shotgun).

jurisdiction: 
Tenth Circuit

CONVICTION - DIVISIBLE STATUTE ANALYSIS - TAYLOR ANALYSIS APPLIES TO CONVICTIONS RESULTING FROM PLEA AND COURT TRIAL AS WELL AS JURY TRIAL

Shepard v. United States, ___ U.S. ___, 125 S.Ct. 1254 (March 7, 2005) (a court sentencing under the Armed Career Criminal Act may not look to police reports or complaint applications to determine whether an earlier guilty plea necessarily admitted, and supported a conviction for, generic burglary so as to serve as a predicate offense for a sentence enhancement).

jurisdiction: 
US Supreme Ct

SAFE HAVENS -- CONVICTION - CRIME - FEDERAL CITATION FOR MARIJUANA POSSESSION IN NATIONAL PARK

Since a citation for possession of marijuana in a National Park does not carry a jail sentence, it is possible it does not constitute a crime and therefore cannot trigger deportability as a conviction of a crime related to a controlled substance. See Matter of Eslamizar, 23 I. & N. Dec. 684 (BIA Oct. 19, 2004) (en banc).

jurisdiction: 
BIA

CITIZENSHIP - DERIVATIVE CITIZENSHIP ILLEGAL REENTRY - CITIZENSHIP - EXCLUSION OF EVIDENCE

United States v. Guerrier, 428 F.3d 76 (1st Cir. Nov. 8, 2005) (defendant's claims of error in both the exclusion of evidence regarding his claim of derivative United States citizenship and an improper sentence enhancement as a result of his prior convictions were without merit).
http://laws.lp.findlaw.com/1st/041749.html

jurisdiction: 
First Circuit

CRIMINAL DEFENSE - INVESTIGATION

For how to obtain criminal records, see "Getting the Facts on Your Client:  FOIA and Criminal Records Searches," AILA 2005-06 Immigration & Nationality Law Handbook, pp. 64-65.

jurisdiction: 
Other

INVESTIGATION OF CLIENT'S CRIMINAL HISTORY

It is now possible to obtain commercial criminal history reports concerning clients by using services such as ChoicePoint®, whose national file includes 20 million criminal records. Designed for employers, this service may also aid criminal and immigration lawyers in obtaining criminal history reports on clients who may not accurately remember their criminal histories.

jurisdiction: 
Other

CRIME OF MORAL TURPITUDE - ATTEMPTED ENTRY OF GOODS BY MEANS OF FALSE STATEMENT NOT CMT

Notash v. Gonzales, 427 F.3d 693 (9th Cir. Nov. 2, 2005) (attempted entry of goods by means of a false statement, in violation of 18 U.S.C. 542 is not necessarily a crime of moral turpitude, since the second paragraph of that statute, criminalizing "any willful act or omission" that may deprive the United States of revenue, whether or not those acts are false or fraudulent, does not require a false or fraudulent statement, which could indicate an intent to defraud).

jurisdiction: 
Ninth Circuit

CRIME OF MORAL TURPITUDE - DRIVING ON SUSPENDED LICENSE UNDER INFLUENCE VERSUS BEING IN CONTROL OF VEHICLE

Hernandez-Martinez v. Ashcroft, 343 F.3d 1075 (9th Cir. 2003) (Arizona conviction under former ARS 28-697A is "divisible" in that the offense can be committed by either driving on a suspended license while under the influence of alcohol [a crime of moral turpitude], or by merely being in actual physical control of a vehicle [not a crime of moral turpitude]).

jurisdiction: 
Ninth Circuit

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