POST-CON - EFFECTIVE ORDER - NUNC PRO TUNC
Lawrence v. Gonzales, ___ F.3d ___, 2006 WL 1195679 (1st Cir. May 5, 2006) (where pre-IIRAIRA conviction was vacated on a basis of legal invalidity, but replaced with a new plea after IIRAIRA that also triggers removal, a waiver under INA 212(c) is unavailable where the new plea was not entered nunc pro tunc).
POST CON RELIEF - CONVICTION VACATED PURSUANT TO EXTRAORDINARY MOTION FOR NEW TRIAL, FOLLOWED BY DISMISSAL OF CHARGES, REMAINED A CONVICTION FOR IMMIGRATION PURPOSES SINCE NONCITIZEN FAILED TO ESTABLISH THAT CONVICTION HAD BEEN VACATED BASED ON A PROCEDUR
Ali v. U.S. Attorney General, ___ F.3d ___, 2006 WL 709870 (7th Cir. Mar. 22, 2006) (per curiam) (Georgia conviction of two counts of child molestation, followed by the granting of an extraordinary motion for a new trial, and the State of Georgia's motion to nolle prosse charges, continued to constitute a conviction under INA 101(a)(48)(A), 8 U.S.C.
POST CON RELIEF - STATE REHABILITATIVE RELIEF - SIMPLE POSSESSION - FEDERAL FIRST OFFENDER ACT
Aguiluz-Arellano v. Gonzales, ___ F.3d ___, 2006 WL 1133327 (9th Cir. May 1, 2006) (petitioners conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA), as he had a prior drug conviction).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373856p.pdf
IMMIGRANT POPULATION OF US
About 35.2 million foreign-born people live in the United States, about 12.1 per cent of the national population. Steven Camarota, Report (Center for Immigration Studies October 12, 2005), which is based on the Census Bureaus Current Population Survey (March 2005). The report estimates that there are about 9.7 million undocumented immigrants residing in the United States.
REMOVAL - CONSEQUENCES - SOCIAL SECURITY - LOSS OF BENEFITS
Removal causes loss of social security benefits under SSA Title II retirement funds earned over the working lifetime. Social Security Act 202(n)(1).
REMOVAL STATISTICS
Detention and Removal of Illegal Aliens U.S. Immigration and Customs Enforcement (ICE) (PDF 52 pages - 2.74 MB) - New 05/18/2006 http://www.dhs.gov/dhspublic/interweb/assetlibrary/OIG_06-33_Apr06.pdf