Updates to criminal defense

AGGRAVATED FELONY " FIREARMS OFFENSES " ANTIQUE FIREARMS DEFENSE

United States v. Hernandez, 769 F.3d 1059 (9th Cir. Oct. 20, 2014) (per curiam) (California conviction for being a felon in possession of a firearm under California Penal Code 12021(a)(1), did not categorically qualify as a listed firearms aggravated felony, under INA 101(a)(43)(E), 8 U.S.C.

CONTROLLED SUBSTANCES " UNIDENTIFIED SUBSTANCE AGGRAVATED FELONY " DRUG TRAFFICKING " UNIDENTIFIED SUBSTANCE

Medina-Lara v. Holder, 771 F.3d 1106 (9th Cir. Oct. 10, 2014) (California conviction of possession for sale of a controlled substance, in violation of Health & Safety Code 11351, is neither an aggravated felony drug trafficking conviction, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), nor a controlled substances conviction, under INA 237(a)(2)(B)(i), 8 U.S.C.

FIREARMS OFFENSES " CARRYING A FIREARM IN THE COURSE OF A FELONY

Medina-Lara v. Holder, 771 F.3d 1106, 1116 (9th Cir. Oct. 10, 2014), withdrawing prior opinion at 767 F.3d 801 (9th Cir. Sept. 19, 2014) (California conviction of possession for sale of a controlled substance, in violation of Health & Safety Code 11351, with a sentence enhancement for carrying a firearm during that offense, in violation of Penal Code 12022(c), did not constitute a deportable firearms offense, under INA 237(a)(2)(C), 8 U.S.C.

AGGRAVATED FELONY " CRIME OF VIOLENCE " AGGRAVATED FLEEING

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 under 18 U.S.C. 16(b), for purposes of triggering deportation under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because it involves a substantial risk that intentional violent force will be used in the commission of the offense).

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).

AGGRAVATED FELONIES " FIREARMS OFFENSES " POSSESSION OF AMMUNITION

Oppedisano v. Holder, 769 F.3d 147 (2d Cir. Oct. 8, 2014) (federal conviction for the unlawful possession of ammunition, under 18 U.S.C. 922(g)(1), qualifies as an aggravated felony under INA 101(a)(43)(E)(ii), 8 U.S.C. 1101(a)(43)(E)(ii)).

OVERVIEW " REMOVAL PROCEEDINGS " WAIVER OF APPEAL

Martinez v. Holder, __ F.3d __ (5th Cir. Oct. 15, 2014) (respondent, having been given notice of right of appeal by immigration judge in group setting, knowingly and intelligently waived his right to appeal).

CITIZENSHIP " DERIVATIVE CITIZENSHIP

Gonzalez v. Holder, __ F.3d __ (5th Cir. Oct. 21, 2014) (noncitizen not entitled to derivative citizenship where noncitizen did not apply for lawful permanent residence until he was 23).

AGGRAVATED FELONIES " ATTEMPT " MERE PREPARATORY CONDUCT HELD INSUFFICIENT

United States v Warnell Reid, ___ F.3d ___, 2014 WL 5314563 (8th Cir. Oct 20, 2014) (Missouri conviction for attempted burglary is not a violent felony under the Armed Career Criminal Act, 18 U.S.C.

REMOVAL PROCEEDINGS " EVIDENCE " UNCERTIFIED FACSIMILE COPY OF PLEA TRANSCRIPT HELD ADMISSIBLE

Padilla-Martinez v. Holder, ___ F.3d ___, 2014 WL 5421219 (9th Cir. Oct. 27, 2014) (failure to fully comply with the terms of the statute and regulation [8 U.S.C. 1229a(c)(3); 8 C.F.R. 1003.41] does not render electronic conviction records inadmissible; holding admissible an uncertified facsimile copy of a transcript of the state court felony change-of-plea proceedings to establish drug-trafficking aggravated felony conviction); citing Sinotes"Cruz v. Gonzales, 468 F.3d 1190, 1195"96 (9th Cir.

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