AGGRAVATED FELONY " CRIME OF VIOLENCE " ROBBERY
United States v. Prince, __ F.3d __ (9th Cir. Nov. 24, 2014) (California conviction for violation of Penal Code 211, robbery, is a violent felony under the residual clause for purposes of the Armed Career Criminals Act, as an offense that poses a serious risk of physical injury to another).
DETENTION " SECURED COMMUNITIES PROGRAM ENDED
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_...
Nov. 20, 2014 DHS Memorandum terminating secured communities program.
OVERVIEW " PROSECUTORIAL DISCRETION
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecu...
Nov. 20, 2014 DHS Memorandum on Prosecutorial Discretion. Replaces all prior memoranda.
REMOVAL PROCEEDINGS " IMMIGRANTS RIGHT TO BE INFORMED OF ELIGIBILITY FOR RELIEF
8 C.F.R. 1240.11(a)(2) ("The immigration judge shall inform the alien of his or her apparent eligibility to apply for any of the benefits enumerated in this chapter and shall afford the alien an opportunity to make application during the hearing ....").
AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT AND BATTERY
United States v. Martinez, ___ F.3d ___, 2014 U.S. App. LEXIS 15173 (1st Cir. Aug. 6, 2014) (Massachusetts convictions for assault and battery and simple assault, under Mass. Gen. L. ch. 265, 13A, did not categorically constitute crimes of violence under the Federal Sentencing Guidelines, U.S.S.G.
INADMISSIBILITY " FALSE CLAIM TO US CITIZENSHIP " I-9 FORM
Dakura v. Holder, ___ F.3d ___ (4th Cir. Nov. 24, 2014) (an alien who falsely claims citizenship on a Form I-9 is thereby rendered inadmissible pursuant to the bar relating to false claims to U.S. citizenship).
http://www.ca4.uscourts.gov/Opinions/Published/132246.P.pdf
AGGRAVATED FELONY " FIREARMS " FRAUDLENT PURCHASE OF FIREARMS FOR EXPORT
Franco-Casasola v. Holder, __ F.3d __ (5th Cir. Oct. 23, 2014) (federal conviction for violation of 18 U.S.C. 554(a), fraudulent purchase of firearms for export, is a divisible statute, as a target offense where the indictment must specify, and the prosecutor must prove, the underlying offense; record established aggravated felony firearms trafficking offense since the indictment specified a firearms trafficking offense).
REMOVAL PROCEEDINGS " EVIDENCE " BURDEN OF PROOF RELIEF " CANCELLATION OF REMOVAL " CONTINUOUS PRESENCE REQUIREMENT
Lopez-Esparza v. Holder, __ F.3d __ (7th Cir. Oct. 23, 2014) (noncitizen need only establish continuous presence for purposes of relief by a preponderance of the evidence; exact recollection of travel dates not required).
OVERVIEW " MOTION TO SUPPRESS OVERVIEW " REMOVAL PROCEEDINGS " FORM I-213
Chavez-Castillo v. Holder, __ F.3d __ (8th Cir. Nov. 17, 2014) (police officer showed probable cause for arrest where noncitizen was driving nine miles over the speed limit; lack of opportunity to cross examine officer who prepared Form I-213 did not violated due process).
SENTENCE IMPOSED " CUMULATIVE ORIGINAL SENTENCE PLUS PROBATION VIOLATION SENTENCE
Dixon v. U.S. Atty. Gen., 768 F.3d 1339 (11th Cir. Oct. 1, 2014) (Florida conviction for aggravated fleeing, Fla. Stat. 316.1935(4)(a), is categorically a crime of violence aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because the original sentence to incarceration, plus the additional sentence to incarceration imposed as a result of a probation violation, totalled one year or more).