Updates to criminal defense

INADMISSIBILITY " ALIEN SMUGGLING BAR

Parra-Rojas v. Attorney General, 747 F.3d 164 (3d Cir. March 26, 2014) (transporting illegal entrant from one area of the United States to another does not constitute bringing in or harboring for financial gain, under 8 U.S.C. 1324(a)(2)(B)(ii)).

AGGRAVATED FELONIES " CONSPIRACY " CONSPIRACY TO COMMIT MURDER IS AGGRAVATED FELONY

United States v. Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. Apr. 11, 2014) (Nevada conviction for violation of N.R.S.

DETENTION " IMMIGRATION DETENTION " PROLONGED DETENTION

Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013) (bright-line rule that immigration detention exceeding six months requires a bond hearing); compare Diop v. ICE/DHS Diop v. ICE/Homeland Sec., 656 F.3d 221 (3d Cir. 2011), and Ly v. Hansen, 351 F.3d 263 (6th Cir. 2003) (adopting a loosely defined standard that asks whether detention has become unreasonably prolonged).

AGGRAVATED FELONY " CHILD PORNOGRAPHY " ELEMENTS

United States v. Sheldon, __ F.3d __ (9th Cir. Apr. 9, 2014) (federal conviction for violation of 18 U.S.C. 2251(a) does not require proof that defendant had knowledge that the materials used to produce child pornography had travelled in interstate commerce).

CONTROLLED SUBSTANCES " ATTEMPTED PROMOTING DANGEROUS DRUG NOT REMOVABLE " PAULUS DEFENSE " UNLISTED DRUG

Ragasa v. Holder, ___ F.3d ___, ___, 2014 WL 1661491 (9th Cir. Apr. 28, 2014) (Hawaii conviction for promotion of a dangerous drug, in violation of HRS 705"500(1)(b), 712"1241(1)(b)(ii), is not categorically a controlled substances offense; Ragasa is not categorically removable under Section 237(a)(2)(B)(i) of the INA because his statute of conviction criminalizes at least two substances that are not similarly proscribed by the CSA: benzylfentanyl and thenylfentanyl. Compare Haw.Rev.Stat. 329"14(b)(56) & (57) (2003); Haw.Rev.Stat. 712"1240 (2004); Haw.Rev.Stat.

IMMIGRATION OFFENSES " ALIEN SMUGGLING " SUFFICIENCY OF THE EVIDENCE

United States v. Thum, 749 F.3d 1143 (9th Cir. 2014) (escorting a noncitizen from a fast food restaurant to a nearby vehicle does not constitute encouraging or inducing an alien to reside in the United States, and is not aiding and abetting commission of a crime)

DETENTION " IMMIGRATION HOLDS

Galarza v. Szalczyk, __ F.3d __ (3d Cir. Mar. 4, 2014) (immigration detainers cannot compel a law enforcement agency to detain suspected aliens subject to removal; defendant-county was free to disregard the detainer, and therefore cannot use as a defense that its own policy did not cause deprivation of plaintiff's constitutional rights).

AGGRAVATED FELONY " CRIMES OF VIOLENCE " ASSAULT WITH DEADLY WEAPON

United States v. Carrasco-Tercero, ___ F.3d ___, 2014 WL 983180 (5th Cir. Mar. 13, 2014) (New Mexico conviction of aggravated assault with a deadly weapon, under N.M. Stat. 30"3"2, was a crime of violence for illegal reentry sentencing purposes, notwithstanding that assault N.M. Stat.

DEPORTABILITY " ALIEN SMUGGLING " CONVICTION FOR AIDING IMPROPER ENTRY SUFFICIENT TO ESTABLISH GROUND OF DEPORTATION

Santos-Sanchez v. Holder, 744 F.3d 391 (5th Cir. Mar. 7, 2014) (federal conviction for aiding and abetting improper entry into the U.S., in violation of 8 U.S.C. 1325(a), established deportability under INA 237(a)(1)(E)(i), 8 U.S.C. 1227(a)(1)(E)(i), and conviction documents are sufficient to establish substantial evidence to support the BIA determination of deportability).

AGGRAVATED FELONY " CRIME OF VIOLENCE " THIRD-DEGREE ASSAULT

Roberts v. Holder, 745 F.3d 928 (8th Cir. Mar. 20, 2014) (Minnesota conviction for third-degree assault, under Minn.Stat. 609.223 subd. 1, 609.02 subd. 10. [assault of another, (2) that inflicts substantial bodily harm. Minn.Stat. 609.223 subd. 1.

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