DIVISIBLE STATUTE ANALYSIS - WHEN NOT APPLICABLE
Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (applying modified categorical analysis to determine California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another) is not a crime of domestic violence).
The court in this case appears to have misread Tokatly v. Aschcroft, 371 F.3d 613 (9th Cir. Jun.
AGGRAVATED FELONY - CRIME OF VIOLENCE - STATUTORY RAPE
United States v. Perez-Pena, __ F.3d __ (4th Cir. Jun. 30, 2006) (Florida conviction for felony lewd, lascivious, or indecent act upon a child, factually involving a sexual relationship between a 12 year old and a 21 year old, found to be a crime of violence for illegal re-entry sentencing purposes), following United States v. Pierce, 278 F.3d 282, 289-90 (4th Cir. 2002).
http://caselaw.lp.findlaw.com/data2/circs/4th/055054p.pdf
DIVISIBLE STATUTES - THIRD CIRCUIT MISAPPLIES DISJUNCTIVE STATUTE ANALYSIS
Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann.
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - DEFINITION
Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (finding New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann. 2C:24-4(a), is not a aggravated felony sexual abuse of a minor, the Third Circuit [incorrectly] stated that the BIA, in Matter of Rodriguez-Rodriguez, 22 I. & N. Dec. 991 Z(BIA 1999) specifically adopted 18 U.S.C. 3509(8) as the definition of sexual abuse of a minor).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044316p.pdf
AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION OF COCAINE
Martinez-Lopez v. Gonzales, ___ F.3d ___, 2006 WL 1778735 (5th Cir. Jun. 29, 2006) (Texas felony conviction of possession of less than one gram of cocaine, in violation of Tex. Health & Safety Code Ann. 481.115(b) (Vernon Supp. 1999), an aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B); rejecting arguments that removal based on the conviction violates the Convention on the Rights of the Child ("CRC") and the International Covenant on Civil and Political Rights ("ICCPR")).
AUTOMOBILE HOMICIDE - CRIME OF VIOLENCE
United States v. Gonzalez-Lopez, 335 F.3d 793 (8th Cir. July 14, 2003) (Utah conviction of automobile homicide, in violation of Utah Code Ann. § 76-5-207(1), held to be a crime of violence for purposes of illegal reentry 16-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1), since the Utah offense has as an element the use of physical force against another, irrespective of the predicate offense's mens rea element; no argument made that specific offense of conviction did not require use of force).
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - UNLAWFUL SEX WITH A MINOR HELD AGGRAVATED FELONY
Afridi v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006) (California misdemeanor conviction of unlawful sexual intercourse with a minor, in violation of Penal Code 261.5(c), constituted sexual abuse of a minor aggravated felony under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for removal purposes, since the full range of conduct defined by the criminal statute fell within the common meaning of "sexual abuse of a minor," as encompassing any offense that involves "the employment, use, persuasion, inducement, enticement or coercion of a child to engage in . . .
AGGRAVATED FELONY - THEFT OFFENSE - FLORIDA STATUTE
Rebecca Sharpless, Practice Advisory, The Florida Theft Statute: Not an Aggravated Felony; Not a Crime Involving Moral Turpitude (Florida Immigrant Advocacy Center (FIAC), April 26, 2006). Summary: Convictions under Florida theft statute, F.S.S. 812.014(a) are in many cases neither aggravated felonies, nor crimes of moral turpitude because the statute defines "theft" more broadly than the "generic" definition of theft adopted by the BIA for aggravated felony purposes, since the statute includes appropriation of property, in addition to deprivation.
POST CON RELIEF - PARDON - SUFFICIENCY OF PROOF OF PARDON - NO ERROR IN BIA REFUSAL TO CONSIDER UNCERTIFIED COPY OF GEORGIA PARDON
Ali v. U.S. Attorney General, ___ F.3d ___, 2006 WL 709870 (7th Cir. Mar. 22, 2006) (per curiam) (uncertified photocopy of purported pardon was "not sufficiently reliable to meet [] heavy evidentiary burden to reopen proceedings." even though it bore a signature and a seal, because under 8 C.F.R. 287.6, "an official record or entry . . .
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).