http://www.usdoj.gov/eoir/vll/OCIJPracManual/ocij_page1.htm

http://drop.io/ImmigrationCourtPracticeManual

http://bibdaily.com/pdfs/ICPMfull.pdf

The Transportation Safety Administration is checking visas at some airports where passengers offer foreign passports as identification. This has been reported at Honolulu International Airport, where they are checking flights among different Hawaiian Islands as well as flights between Hawaii and the mainland. Moreover, even ground transportation within areas considered functional equivalents of the border poses a risk that noncitizens may be identified and placed in immigration detention.

Ted Simon in Philadelphia (215) 563-5550 has had considerable experience with treaty transfers, and helped set up the transfer treaties. The Canadian consulate will supply the treaty transfer forms and counsel can begin the paperwork before the client goes into custody. At sentencing, counsel can request that the client be designated to FCI Raybrook because he will be transferred to Canada from there. The client must be in custody when he is transferred. He is entitled to much more good time in Canada than he would receive in the United States and will be out much sooner.

CBP Inspector's Field Manual on the web: http://millerlawoffices.com/publications/CBP/CBP%20IFM%20Feb%201%202008.pdf

United States v. Lopez-DeLeon, 513 F.3d 472 (5th Cir. Jan. 9, 2008) (California conviction of statutory rape, under Penal Code 261.5(c), was sexual abuse of a minor for illegal re-entry sentencing purposes, even though conviction statute was overbroad, where dismissed charge indicated that the victim was 14 years old).

Matter of Aruna, 24 I.& N. Dec. 452 (BIA 2008) (Maryland misdemeanor conviction for violation of Maryland Criminal Law 5-602, distribution of a controlled substance, is an drug trafficking aggravated felony because the offense would be a felony if prosecuted under federal law; 21 U.S.C. 841(b)(4), which treats distribution of a small amount of marijuana without remuneration as a misdemeanor is not a separate federal offense, but rather a "mitigating exception" to the federal felony offense; therefore the categorical analysis is inapplicable to that section).

Diaz v. Kelly, 515 F.3d 149 (2d Cir. Jan. 25, 2008) (the need for an interpreter might not apply if petitioner does not take sufficient action to secure assistance).

Plasencia-Ayala v. Mukasey, 516 F.3d 738 (9th Cir. Feb. 7, 2008) (a criminal offense must have at least a willfullness requirement to constitute a crime of moral turpitude: "Such crimes " must be done willfully or with evil intent. " Quintero-Salazar v. Keisler, 506 F.3d 688, 693 (9th Cir. 2007) (quoting Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1165-66 (9th Cir. 2006)). The requirement of a "willful" or "evil" state of mind has long been recognized by this Court, Goldeshtein v. INS, 8 F.3d 645, 648 (9th Cir. 1993), Hirsch v. INS, 308 F.2d 562, 567 (9th Cir.

Plasencia-Ayala v. Mukasey, 516 F.3d 738 (9th Cir. Feb. 7, 2008) (Nevada conviction of failure to register as a sex offender, in violation of Nev. Rev. Stat. 179D.550, does not constitute a crime involving moral turpitude within the meaning of INA 237(a)(2)(A)(i)(I), 8 U.S.C. 1227(a)(2)(A)(i)(I), because the offense of conviction is a regulatory offense that is not inherently evil, but is an offense solely because a law was passed regulating it), following Fong v.

Plasencia-Ayala v. Mukasey, 516 F.3d 738 (9th Cir. Feb. 7, 2008) ("Where the statute of conviction is categorically broader than the generic definition of a crime involving moral turpitude, this Court employs the "modified categorical" approach. Navarro-Lopez, 503 F.3d at 1073. However, the "modified categorical" approach only applies when the particular elements in the statute of conviction are broader than the generic crime. Id.