AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - VEHICULAR
United States v. Earle, 488 F.3d 537 (1st Cir. Jun. 6, 2007) (Massachusetts conviction of assault and battery with a dangerous weapon, a motor vehicle, in violation of Mass. Gen. Laws ch. 265, 15A(b), constituted a crime of violence, for illegal re-entry sentencing purposes, since the elements of the statute require the use of force against the person of another).
CITIZENSHIP - ACQUIRED CITIZENSHIP - BIOLOGICAL PARENTAGE IS NECESSARY TO A CLAIM TO UNITED STATES CITIZENSHIP UNDER FORMER INA 301(a)(3)
Colaianni v. INS, 490 F.3d 185 (2d Cir. Jun. 15, 2007) (per curiam) (petition for review denied on basis that noncitizen's claim to be United States citizen, advanced as a defense in removal proceedings, was invalid, since biological parentage is necessary for a person to claim citizenship under former INA 301(a)(3) because of the plain language of the statute, which refers to persons "born ... of parents both of whom are citizens of the United States" and pertains only to the acquisition of citizenship "at birth."), citing Marquez-Marquez v.
POST CON - EXPUNGEMENT FOREIGN
Danso v. Gonzales, 489 F.3d 709 (5th Cir. June 15, 2007) (rejecting equal protection argument that noncitizens British expungement should be given effect for immigration purposes where noncitizen could hypothetically have availed himself of the expungement procedures set forth in the Federal First Offenders Act (FFOA)).
POST CON RELIEF - EFFECTIVE ORDER - DENIAL OF MOTION TO REOPEN REMOVAL PROCEEDINGS AFTER VACATUR AFFIRMED SINCE REGULATION PROHIBITED MOTION TO REOPEN AFTER NONCITIZEN HAD LEFT THE UNITED STATES
Pena-Muriel v. Gonzales, 489 F.3d 438 (1st Cir. Jun. 13, 2007) (BIA's refusal to reopen removal proceedings after a criminal conviction was vacated is affirmed where IIRAIRA's repeal of 8 U.S.C. 1105a(c) (1994) (repealed 1996) ("An order of deportation ... shall not be reviewed by any court if the alien ... has departed from the United States after the issuance of the order.") did not invalidate the regulation, 8 C.F.R.
POST CON RELIEF - EFFECTIVE ORDER - VACATUR IS APPROPRIATE BASIS TO REOPEN REMOVAL PROCEEDINGS
Pena-Muriel v. Gonzales, 489 F.3d 438 (1st Cir. Jun. 13, 2007) (the overturning of a conviction upon which deportability was premised is an appropriate basis for reopening administrative proceedings); De Faria v. INS, 13 F.3d 422, 423 (1st Cir. 1993); see also Alim v. Gonzales, 446 F.3d 1239, 1249-50 (11th Cir. 2006); Cruz-Garza v. Ashcroft, 396 F.3d 1125, 1128-29 (10th Cir. 2005).
DEPORTATION - INADMISSIBILITY - FALSE CLAIM TO U.S. CITIZENSHIP
Theodros v. Gonzales, 490 F.3d 396 (5th Cir. Jun. 25, 2007) (false claim of U.S. citizenship for purposes of obtaining private-sector employment triggers removability under 8 U.S.C. 1227(a)(3)(D) and 1182(a)(6)(C)(ii)(I)), distinguishing United States v. Karaouni, 379 F.3d 1139, 1145 (9th Cir. 2004).
POST CON RELIEF - STATE REHABILITATIVE RELIEF - REHABILITATIVE RELIEF DOES NOT ELIMINATE CONVICTION FOR PURPOSES OF IMPOSING FEDERAL CONTROLLED SUBSTANCE SENTENCE ENHANCEMENT
United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.
AGGRAVATED FELONY - DRUG TRAFFICKING - LOPEZ STRENGTHENS ARGUMENT THAT STATE REHABILITATIVE RELIEF ANALOGOUS TO THE FEDERAL FIRST OFFENDER ACT DISQUALIFIES PRIOR CONVICTION FROM ACTING AS A PRIOR FOR THE PURPOSE OF ELEVATING MISDEMEANOR SIMPLE POSSESSION
United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.
POST CON RELIEF - STATE REHABILITATIVE RELIEF - LOPEZ STRENGTHENS ARGUMENT THAT STATE REHABILITATIVE RELIEF ANALOGOUS TO THE FEDERAL FIRST OFFENDER ACT ELIMINATES QUALIFYING CONVICTIONS FOR IMMIGRATION PURPOSES
United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.
AGGRAVATED FELONY - BURGLARY
United States v. Herrera-Montes, 490 F.3d 390 (5th Cir. Jun. 25, 2007) (Tennessee conviction of burglary of a dwelling, in violation of Tenn. Code Ann. 39-14-403, is not categorically a "crime of violence" for illegal re-entry sentencing purposes, since the statute of conviction punishes burglary where the intent to commit the crime was not formed until after the actor unlawfully enters or remains in a dwelling).