DIVISIBLE STATUTE ANALYSIS
Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona conviction in 2003 of class 2 misdemeanor domestic violence/assault, in violation of A.R.S.
DIVISIBLE STATUTE ANALYSIS - IF ANY SUBDIVISION OR PART OF DIVISIBLE STATUTE OF CONVICTION DOES NOT TRIGGER DEPORTATION, AND THE RECORD DOES NOT ESTABLISH RESPONDENT WAS NOT CONVICTED OF THAT SUBDIVISION, THE CONVICTION DOES NOT TRIGGER DEPORTATION
Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) ("The administrative record before us does not specify whether Fernandez-Ruiz pled guilty to subsection (A)(1) or (A)(2). (Footnore omitted.) Accordingly, if either subsection (A)(1) or (A)(2) covers conduct that is not a crime of moral turpitude, then the 2003 conviction cannot, categorically, be such an offense."), citing Notash v. Gonzales, 427 F.3d 693, 697 (9th Cir.
AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION FOR SALE
United States v. Morales-Perez, ___ F.3d ___ (9th Cir. Nov. 13, 2006) (California conviction of purchasing cocaine base with intent to sell, in violation of Health & Safety Code 11351.5(a), categorically constituted a drug trafficking offense under U.S.S.G. 2L1.2(b)(1)(A) for illegal re-entry sentencing purposes, since the full range of conduct proscribed by the California statute fell within the definition of the federal offense of attempted possession with intent to distribute under 21 U.S.C.
AGGRAVATED FELONY - BURGLARY - CRIME OF VIOLENCE
United States v. Reina-Rodriguez, ___ F.3d ___ (9th Cir. Nov. 15, 2006) (Utah conviction of second-degree attempted aggravated burglary, under Utah Code Ann. 76-6-203, a crime of violence for illegal reentry sentencing purposes where the charging document and judgment of conviction, show the conviction was for burglary of a dwelling). http://caselaw.lp.findlaw.com/data2/circs/9th/0510475p.pdf
DIVISIBLE STATUTE ANALYSIS - EFFECT OF STATE LAW - COURT BOUND BY STATE COURT INTERPRETATIONS OF STATE CRIMINAL STATUTE
United States v. Reina-Rodriguez, ___ F.3d ___ (9th Cir. Nov. 15, 2006) (reviewing court is bound by state court interpretation of statute defining state criminal offense in performing categorical analysis of whether state conviction falls within federal "crime of violence" definition under USSG 2L1.2(b)(1)(A)(ii)), citing Guaranty Trust Co. v. Blodgett, 287 U.S. 509, 513, 53 S.Ct. 244, 77 L.Ed. 463 (1933); United States v. Bonat, 106 F.3d 1472, 1475 (9th Cir.
DIVISIBLE STATUTE ANALYSIS - SURPLUSAGE
United States v. Reina-Rodriguez, ___ F.3d ___ (9th Cir. Nov. 15, 2006) (reviewing court is bound to interpret a judicial decision so as to avoid holding some of its language to be surplusage: "To hold otherwise would render Taylor's 'remaining in' language surplusage. Courts avoid '[i]nterpretive constructions which render some words surplusage.' In re Eastport Associates, 935 F.2d 1071, 1080 (9th Cir.1991) (quoting California Mfrs. Ass'n v. Public Utils. Comm'n, 24 Cal.3d 836, 157 Cal.Rptr.
RELIEF - VOLUNTARY DEPARTURE
Matter of Diaz-Ruacho, 24 I. & N. Dec. 47 (BIA 2006) (noncitizen granted voluntary departure, who subsequently fails to leave and fails to post the voluntary departure bond required by INA 240B(b)(3), 8 U.S.C. 1229c(b)(3), is not subject to penalties for failure to depart within the time period specified for voluntary departure, since "posting of a voluntary departure bond is a condition precedent to permission to depart voluntarily. . .").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3546.pdf
AGGRAVATED FELONY - THEFT OFFENSE - THEFT BY CONTROL
Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona misdemeanor conviction of "theft by control of property with a value of $250 or more," in violation of A.R.S. 1301802(A)(1), (C) [knowingly, and without lawful authority, controlling the property of another with intent to deprive the owner of it], with sentence of twelve months, constituted an aggravated felony theft offense for removal purposes), following Huerta-Guevara v. Ashcroft, 321 F.3d 883, 886-887 (9th Cir. 2003); United States v. Corona-Sanchez, 291 F.3d 1201, 1204-1205 (9th Cir.
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION REQUIREMENT
Dar-Salameh v. Gonzalez, 468 F.3d 47 (1st Cir. Nov. 15, 2006) (denying petition for review of a final order of removal where petitioner failed to exhaust administrative remedies by raising issues before the IJ and BIA).
http://laws.lp.findlaw.com/1st/052886.html
RELIEF - 212(c) - MATTER OF BLAKE REASONING ACCEPTED IN FIRST CIRCUIT
Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (noncitizen deportable as aggravated felony cannot waive aggravated felony by application for relief under INA 212(c) because there is no aggravated felony or crime of violence ground of exclusion, even assuming the aggravated felony was also a CMT), following In re Brieva-Perez, 23 I. & N. Dec. 766, 772-73 (BIA 2005), and Komarenko v. INS, 35 F.3d 432, 435 (9th Cir.1994).