For those litigating challenges to drug aggravated felony charges post-Lopez, the NYSDA Immigrant Defense Project has updated its "Practice Advisory: Removal Defense of Immigrants in Drug Possession Cases - The Impact of Lopez v. Gonzales." http://www.nysda.org/idp/docs/07_PostLopezAdvisoryforRemovalDefense41207.... Also available on the IDP website are copies of amicus briefs addressing post-Lopez issues filed before the Board of Immigration Appeals and before the Second, Fifth, and Eleventh Circuits. http://www.nysda.org/idp/webPages/drugLitigationInit.htm
Thanks to Manny Vargas.
Matter of SF, 7 I. & N. Dec. 495 (BIA 1957) (if the preponderance of the evidence shows the noncitizen committed a second CMT, the petty offense exception to inadmissibility for one CMT conviction or admission does not apply).
Matter of Tobar-Lobo, 24 I. & N. Dec. 143 (BIA 2007) (California conviction of willful failure to register by a sex offender who has been previously apprised of the obligation to register, in violation of Penal Code 290(g)(1), is a crime involving moral turpitude).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3562.pdf
United States v. Latu, ___ F.3d ___ (9th Cir. March 19, 2007) (federal conviction affirmed for being noncitizen illegally present in the United States [i.e., not in valid immigrant, nonimmigrant or parole status] in possession of firearms or ammunition, and removable, since 18 U.S.C. 922(g)(5)(A) is constitutional under the Commerce Clause and was properly applied in defendant's case, despite noncitizen having filed an application for adjustment of status based on U.S. citizen spouse).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510815p.pdf
More Drugs Apparently Not Listed on Federal Schedules: Difenoxin (CA- Schedule I; 11054(b)(15)), Propiram (CA-Schedule I; 11054(b)(41)), Tilidine (CA-Schedule I; 11054(b)(43)), Drotebanol (CA-Schedule I; 11054(c)(9)), Alfentany (CA-Schedule II; 11055(c)(1)), Bulk dextropropoxyphene (CA- Schedule II; 11055(c)(5)), and Sufentanyl (CA-Schedule II; 11055(c)(25)).
Thanks to Lisa Weissman-Ward.
Garcia-Lopez v. Ashcroft, 334 F.3d 840 n.4 (9th Cir. June 26, 2003) (respondent's representative cannot in proceedings concede a conviction that is not a conviction: "The INS also contends that Garcia-Lopez "admitted" that he was convicted of a felony because, in support of the initial application, Garcia-Lopez's accredited representative stated that Garcia-Lopez had received a felony sentence. As an initial matter, the representative's statement was patently inaccurate, as Garcia-Lopez was never actually sentenced.
"Children Lack Capacity to Make False Claims or Misrepresentations, IJ Holds," 83 Interpreter Releases 775-776 (April 24, 2006).
United States v. Tunning, 69 F.3d 107 (6th Cir. 1995) (''Alford'' plea refers to defendant who pleads guilty but maintains that he is innocent).
United States v. Gunera, __ F.3d __, 2007 WL 456732 (5th Cir. Feb. 13, 2007) (where the defendant was "found" in the United States more than five years following the defendants unlawful re-entry, indictment was barred by statute of limitations).