Capsule-updates for SH (Safe Havens)

CONVICTION -- RECORD OF CONVICTION - DOCUMENTS BECOME INCLUDED IN RECORD OF CONVICTION IF SPECIFICALLY INCORPORATED INTO GUILTY PLEA OR ADMITTED BY A DEFENDANT

Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) ("Although police reports and complaint applications, standing alone, may not be used to enhance a sentence following a criminal conviction, Shepard, 125 S.Ct. at 1257, 1259-60, the contents of these documents may be considered if specifically incorporated into the guilty plea or admitted by a defendant. United States v.

jurisdiction: 
Ninth Circuit

DIVISIBLE STATUE ANALYSIS - CONJUNCTIVE/DISJUNCTIVE CRIMINAL CHARGES

Omari v. Gonzales, __ F.3d __, 2005 WL 1714364 (5th Cir. July 25, 2005) ("Reference in the indictment to "stolen, converted and fraudulently obtained property," as opposed to "stolen, converted or taken by fraud," as recited in the statute does not mean that Omari was necessarily convicted of transferring fraudulently obtained property.

jurisdiction: 
Fifth Circuit

RECORD OF CONVICTION - DIVISIBLE STATUTE ANALYSIS - COURT CAN LOOK ONLY AT RECORD OF CONVICTION FOR OFFENSE UNDER EXAMINATION, NOT TO THE RECORD OF A SEPARATE OFFENSE Jaggerneuth v. U.S.

Atty General, ___ F.3d ___, 2005 WL 3454321 (11th Cir. Dec. 19, 2005) (in determining the nature of a conviction for immigration purposes, the court may look only to the record of conviction of that specific offense, and not to the record of a separate offense of which the defendant was convicted), citing Matter of Short, 20 I. &. N. Dec.

jurisdiction: 
Eleventh Circuit

CONVICTION - RECORD OF CONVICTION - FACTUAL BASIS FOR PLEA - DEFENDANT'S MOTION

United States v. Hernandez-Hernandez, ___ F.3d ___ (9th Cir. Dec. 16, 2005) (stipulated factual basis taken from defendant's California Penal Code 995 motion could be used by federal court to find that false imprisonment conviction involved violence; reliance on stipulated facts does not violate Taylor v. United States, 495 U.S. 575, 601-02 (1990) (sentencing court may not inquire into facts underlying prior conviction) because the stipulation was tantamount to a plea agreement, which may be used to establish facts).

jurisdiction: 
Ninth Circuit

SEXUAL ABUSE OF A MINOR - AGE OF THE VICTIM NEED NOT BE AN ELEMENT OF A SEX OFFENSE TO TRIGGER AGGRAVATED FELONY IN SEVENTH CIRCUIT RECORD OF CONVICTION - FACT OF VICTIMS AGE IN CRIMINAL COMPLAINT, ALTHOUGH NOT REQUIRED TO CONVICT, IS SUFFICIENT TO PROVE

Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (misdemeanor solicitation to engage in a sexual act, in violation of Illinois law, 720 ILCS 5/11-14.1(a), is an aggravated felony, sexual abuse of a minor, offense for immigration purposes where the criminal complaint [and no other document] shows that the victim was under the age of 18)

jurisdiction: 
Seventh Circuit

MODIFIED CATEGORICAL ANALYSIS

Martinez-Perez v. Ashcroft, __ F.3d __ (9th Cir. August 3, 2005) (Shepard v United States, 125 S.Ct. 1254 (2005) applies to immigration cases).

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION - CHARGING PAPER AND RECORD OF CONVICTION

United States v. Nobriga, ___ F.3d ___ (9th Cir. May 20, 2005) (per curiam) (Hawaii conviction of abuse of a family or household member, in violation of Haw. Rev. Stat. 709-906(A), constituted a conviction of a misdemeanor crime of violence, under 18 U.S.C. 921(a)(33)(A)(ii), because the charging papers and the judgment of conviction made clear that Nobriga pleaded guilty to "physically abus[ing] a family or household member," and not to "refus[ing] compliance with a lawful order of a police officer").

jurisdiction: 
Ninth Circuit

CRIME OF MORAL TURPITUDE - SINGLE SCHEME

Abdelqadar v. Gonzales, ___ F.3d ___, 2005 WL 1540245 (7th Cir. July 1, 2005) (affirming BIA conclusion that two convictions for violating 720 ILCS 5/17B-5 by illegally purchasing food stamps were not committed as part of a single scheme of criminal misconduct since the acts were distinct and neither offense caused the other).

jurisdiction: 
Seventh Circuit

DISJUNCTIVE STATEMENT - MEANING

United States v. Karaouni, 379 F.3d 1139 (9th Cir. Aug. 24, 2004) ("Karaouni contends that no rational trier of fact could find beyond a reasonable doubt that his verification of the printed statement on the I-9 Form constituted a violation of 911 because the printed statement was phrased in the disjunctive. See Prince v. Jacoby, 303 F.3d 1074, 1080-81 (9th Cir.2002) (explaining that the use of the disjunctive "or" suggests that terms in a sequence should not be interpreted as synonyms).

jurisdiction: 
Ninth Circuit

DEPARTURE OF LPR DURING PROCEEDINGS

Matter of Brown, 18 I. & N. Dec. 324 (BIA 1988) (LPR respondent was convicted of poss.

jurisdiction: 
BIA

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