Updates to criminal defense

JUVENILE - CAN MINORS MAKE FALSE CLAIMS TO US CITIZENSHIP?

"Children Lack Capacity to Make False Claims or Misrepresentations, IJ Holds," 83 Interpreter Releases 775-776 (April 24, 2006).

jurisdiction: 
Other

ALFORD PLEA

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).

jurisdiction: 
Sixth Circuit

ILLEGAL RE-ENTRY - STATUTE OF LIMITATIONS

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).

jurisdiction: 
Fifth Circuit

CONVICTION - DATE OF CONVICTION

Puello v. BCIS, 418 F.Supp.2d 436 (S.D.N.Y. Dec. 13, 2005) (for purposes of applying the permanent bar to good moral character for conviction of an aggravated felony, under INA 101(f), the date of conviction is the date of sentencing or the date the judgment of conviction was filed with Clerk of Court, rather than on date the guilty plea was entered).

jurisdiction: 
Lower Courts of Second Circuit

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