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.
SENTENCE - FEDERAL - DISTRICT COURT HAS NO AUTHORITY TO "TOLL" PERIOD OF SUPERVISED RELEASE WHILE DEFENDANT IS OUTSIDE OF THE UNITED STATES
United States v. Ossa-Gallegos, 491 F.3d 537 (6th Cir. Jun. 21, 2007) (courts do not have authority under 18 U.S.C. 3583(d) to issue special "conditions" of supervised release which toll the period for which deported aliens are subject to supervised release).
JUDICIAL REVIEW - BOARD OF IMMIGRATION APPEALS
Chhetry v. US Dep't of Justice, 490 F.3d 196 (2d Cir. Jun. 20, 2007) (BIA may not take administrative notice of facts without affording other party to rebut the inferences drawn from those facts).
POST CON RELIEF - STATE REHABILITATIVE RELIEF - FEDERAL FIRST OFFENDER ACT - CONVICTION EXCLUDES EXPUNGEMENTS
Gradiz v. Gonzales, 490 F.3d 1206, ___, (10th Cir. Jun. 20, 2007) ("[T]he First Offender Act, 18 U.S.C. 3607, permits the expungement of first-time simple drug-possession offenses for all purposes, including immigration adjudications. As the Ninth Circuit noted in Lujan-Armendariz, there is no reason to suppose that Congress repealed the First Offender Act sub silentio. It thus makes sense to read the 1101(a)(48)(a) definition to exclude expungements.").
POST CON RELIEF - STATE REHABILITATIVE RELIEF - WYOMING DEFERRED ENTRY OF PLEA AND SENTENCE NOT EQUIVALENT TO FEDERAL FIRST OFFENDER ACT EXPUNGEMENT
Gradiz v. Gonzales, 490 F.3d 1206, ___, (10th Cir. Jun. 20, 2007) (Wyoming deferred entry of plea and sentence, under Wyo. Stat. 7-13-301 ("Without entering a judgment of guilt or conviction, [the court may] defer further proceedings and place the person on probation for a term not to exceed five (5) years."), was not equivalent to expungement under Federal First Offender Act, 18 U.S.C. 3607, for purposes of avoiding a conviction under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A) for immigration purposes).
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION DOCTRINE - FAILURE TO EXHAUST IS EXCUSED IF RESPONDENT CAN SHOW MISCARRIAGE OF JUSTICE, SUCH AS WHERE CONVICTION ON WHICH DEPORTATION IS BASED DOES NOT CONSTITUTE AN AGGRAVATED FELONY
Gradiz v. Gonzales, 490 F.3d 1206, ___ (10th Cir. Jun. 20, 2007) (court of appeal can reach claim that controlled substances conviction does not constitute an aggravated felony, under Lopez, even though respondent failed to exhaust before the IJ or BIA because the law was clear against him, under the miscarriage of justice exception to the exhaustion doctrine of 8 U.S.C. 1252(d)(1)), following Marrero Pichardo v. Ashcroft, 374 F.3d 46, 53 (2d Cir. 2004); see Coleman v. Thompson, 501 U.S. 722, 750 (1991); Goonsuwan v. Ashcroft, 252 F.3d 383, 389 (5th Cir.
JUVENILES - UNACCOMPANIED MINORS - IMMIGRATION PROCEEDINGS
On May 22, 2007, the EOIR issued new guidelines on the appearance of unaccompanied minors in the immigration courts:
http://www.usdoj.gov/eoir/efoia/ocij/oppm07/07-01.pdf