IMMIGRATION OFFENSES - POSSESSION OF FIREARM OR AMMUNITION BY NONCITIZEN UNLAWFULLY IN UNITED STATES OR ADMITTED TO UNITED STATES UNDER NONIMMIGRANT VISA
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
AGGRAVATED FELONY - DRUG TRAFFICKING - IDENTIFICATION OF DRUG CONTROLLED SUBSTANCES - IDENTIFICATION OF DRUG
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.
INADMISSIBILITY - ADMISSIONS OF CONDUCT
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.
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).
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).
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).
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).