Book updates to AF (Aggravated Felonies)

AGGRAVATED FELONY - CRIME OF VIOLENCE - MANSLAUGHTER

Vargas-Sarmiento v. US Dept Of Justice, __ F.3d __ (2d Cir. May 8, 2006) (New York conviction of first-degree manslaughter committed with intent to cause serious physical injury or death, in violation of N.Y. Penal Law 125.20(1) or (2), constitutes a crime of violence under 18 U.S.C. 16(b), and therefore an aggravated felony for immigration purposes; convictions under other portions of the statute may not qualify as crimes of violence). http://caselaw.lp.findlaw.com/data2/circs/2nd/040241p.pdf

jurisdiction: 
Second Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 U.S.C. 16(b) - ASSAULT ON A POLICE OFFICER

Canada v. Gonzales, ___ F.3d ___, 2006 WL 1367367 (2d Cir. May 18, 2006) (Connecticut conviction for assault on a police officer, in violation of Conn. Gen. Stat. 53a-167c(a)(1) (causing physical injury to police officer with intent to prevent performance of duty), constituted a crime of violence, under 18 U.S.C. 16, and therefore an aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), triggering deportation).

jurisdiction: 
Second Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - BURGLARY

United States v. Valdez-Maltos, __ F.3d __, 2006 WL 766601 (5th Cir. Mar. 27, 2006) (Texas conviction of burglary of a habitation, is a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540869cr0p.pdf

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - DISCHARGE OF A FIREARM

Quezada-Luna v. Gonzalez, __ F.3d __, 2006 WL 508716 (7th Cir. Mar. 3, 2006) (Illinois conviction of aggravated discharge of a firearm, in violation of 720 ILCS 5/24-1.2(a)(1), is an aggravated felony crime of violence for immigration purposes, because the offense required discharge of firearm into a building with reasonable knowledge that building was occupied, and therefore involved substantial risk of physical force against the person or property of another).

jurisdiction: 
Seventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A FIREARM

United States v. Diaz-Arguenta, __ F.3d __, 2006 WL 1320033 (9th Cir. May 16, 2006) (California conviction for assault with a firearm, in violation of California Penal Code 245(a)(2) is a crime of violence for illegal re-entry sentencing purposes, even though the offense may not qualify as an aggravated felony).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SHOOTING AT AN OCCUPIED MOTOR VEHICLE

United States v. Lopez-Torres, ___ F.3d ___ (9th Cir. Apr. 25, 2006) (California conviction for shooting at an occupied motor vehicle under Penal Code 246 is categorically a crime of violence for purposes of enhancement of illegal reentry sentence under USSG 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510392p.pdf

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - BURGLARY

United States v. Murillo-Lopez, __ F.3d __ (5th Cir. Mar. 22, 2006) (California conviction for burglary, in violation of Penal Code 459, is a crime of violence for purposes of 16-level sentence enhancement upon conviction of illegal re-entry, where defendant admitted, and did not dispute, that he was convicted of burglary of a dwelling, specifically listed as a crime of violence under U.S.S.G. 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/5th/0441397cr0p.pdf

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - DELIVERY OF CONTROLLED SUBSTANCE

United States v. Chavez-Diaz, __ F.3d __, 2006 WL 1000811 (10th Cir. Apr. 18, 2006) (Wyoming conviction for delivery of a non-narcotic controlled substance constituted an aggravated felony controlled substance offense for illegal re-entry sentencing purposes).

jurisdiction: 
Tenth Circuit

FIREARMS - NONIMMIGRANT WITH A FIREARM

United States v. Elrawy, __ F.3d __, 2006 WL 1085165 (5th Cir. Apr. 26, 2006) (18 U.S.C. 922(g)(5)(B), punishing possession of a firearm by a nonimmigrant visa entrant, does not apply to a nonimmigrant visa entrant who is out of status).
http://caselaw.lp.findlaw.com/data2/circs/5th/0420123cr0p.pdf

jurisdiction: 
Fifth Circuit

FIREARMS - UNDOCUMENTED NONCITIZEN WITH A FIREARM

United States v. Elrawy, __ F.3d __, 2006 WL 1085165 (5th Cir. Apr. 26, 2006) (18 U.S.C. 922(g)(5)(A), prohibiting possession of a firearm by a noncitizen who entered the United States illegally or is out of status applies to a noncitizen who is out of status, but has had an I-130 visa petition filed on his behalf).

jurisdiction: 
Fifth Circuit

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