Book updates to AF (Aggravated Felonies)

RELIEF - POLITICAL ASYLUM

Mirzoyan v.Gonzales, 457 F.3d 217 (2d Cir. Jul. 20, 2006) (reversing and remanding BIA decision which rejected petitioner's claim of economic persecution for clarification where BIA interpretation of "persecution," as used in 8 U.S.C. 1101(a)(42)(A), is unclear as applied to economic persecution claims).
http://caselaw.lp.findlaw.com/data2/circs/2nd/050886p.pdf

jurisdiction: 
Second Circuit

RECORD OF CONVICTION - POLICE REPORTS

State v. Colquitt, ___ Wash. App. ___, 2006 Wash. App. LEXIS 1383 (Jun. 29, 2006) ("The agreement Colquitt entered into to participate in drug court was neither a stipulation that the substance in the underlying charge was a controlled substance, nor a stipulation to the sufficiency of the evidence. And, although he agreed that the police report that included a field test of the substance could be admitted, there were no laboratory test results. We hold that the police report and field test were not sufficient evidence of a controlled substance.

jurisdiction: 
Lower Courts of Ninth Circuit

RECORD OF CONVICTION - CONDITIONS OF PROBATION

State v. Colquitt, ___ Wash. App. ___, 2006 Wash. App. LEXIS 1383 (Jun. 29, 2006) ("The agreement Colquitt entered into to participate in drug court was neither a stipulation that the substance in the underlying charge was a controlled substance, nor a stipulation to the sufficiency of the evidence. And, although he agreed that the police report that included a field test of the substance could be admitted, there were no laboratory test results. We hold that the police report and field test were not sufficient evidence of a controlled substance.

jurisdiction: 
Lower Courts of Ninth Circuit

RELIEF - FAMILY UNITY PROGRAM - CANCELLATION OF REMOVAL - CONTINUOUS PRESENCE - FAMILY UNITY PROGRAM STATUS CONSTITUTES BEING ADMITTED IN ANY STATUS

Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir. Jul. 24, 2006) (BIA's determination that noncitizen's beneficiary status under family unity program does not render him "admitted in any status" for purposes of cancellation of removal was not entitled to Chevron deference, and was in error).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373930p.pdf

jurisdiction: 
Ninth Circuit

RELIEF - POLITICAL ASYLUM - UNTERMINATED REFUGEE STATUS DOES NOT PRECLUDE GOVERNMENT FROM INITIATING REMOVAL PROCEEDINGS

Romanishyn v. Attorney General, 455 F.3d 175 (3d Cir. Jul. 20, 2006) (INA allows noncitizen who entered the country as a refugee, and later adjusted status to lawful permanent resident to be placed in removal proceedings although the Attorney General never terminated his refugee status pursuant to 8 U.S.C. 1157(c)(4)).
http://caselaw.lp.findlaw.com/data2/circs/3rd/053141p.pdf

jurisdiction: 
Third Circuit

RELIEF - NATURALIZATION

Okafor v. Gonzales, 456 F.3d 531 (5th Cir. Jul. 18, 2006) (signing oath insufficient to confer citizenship; it is necessary to participate in public ceremony pledging allegiance to the United States and renouncing all former allegiances to foreign states and sovereignties).

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - RELATIONSHIP BETWEEN SENTENCE ENHANCEMENT COV AND AGGRAVATED FELONY COV CASES

Lynn Hartfield, Challenging Crime of Violence Sentence Enhancements in Federal Court, 30 THE CHAMPION 28 (May 2006).

jurisdiction: 
Other

AGGRAVATED FELONY - FRAUD OFFENSES

David H. Angeli & Per A. Ramfjord, Reexamining "Loss" and "Gain" in the Wake of Dura Pharmaceuticals v. Broudo - New Ammunition for Securities Fraud Defendants, 30 THE CHAMPION 10 (May 2006).

jurisdiction: 
Other

JUDICIAL REVIEW - PETITION FOR REVIEW - DUE PROCESS - BIA FAILURE TO ADDRESS CENTRAL AND POTENTIALLY OUTCOME DETERMINATIVE EVIDENCE

Serafimovich v. Gonzales, 456 F.3d 81 (2d Cir. Jul. 17, 2006) (vacating denial of application for withholding of removal in light of record evidence that was not addressed and that has an obvious bearing on a central and potentially outcome determinative finding).
http://caselaw.lp.findlaw.com/data2/circs/2nd/0340412p.pdf

jurisdiction: 
Second Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - DUE PROCESSINTERPRETATION OF KEY TERM IS UNCLEAR - REMAND WHERE BIA INTERPRETATION OF KEY TERM IS UNCLEAR

Mirzoyan v.Gonzales, 457 F.3d 217 (2d Cir. Jul. 20, 2006) (reversing and remanding BIA decision which rejected petitioner's claim of economic persecution for clarification where BIA interpretation of "persecution," as used in 8 U.S.C. 1101(a)(42)(A), is unclear as applied to economic persecution claims).
http://caselaw.lp.findlaw.com/data2/circs/2nd/050886p.pdf

jurisdiction: 
Second Circuit

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