IMMIGRANTS ARE LESS LIKELY TO COMMIT PREDATORY CRIMES THAN NATIVE-BORN UNITED STATES CITIZENS
Immigrants are less likely to commit predatory crimes than are native-born American citizens. Numerous studies have consistently found that immigrants are, in fact, less likely to commit crimes than the native-born. Despite this fact, restrictionist groups and sensationalizing media continue to propagate false images of immigrant communities plagued by crime and violence. The nation's leading experts on immigration and crime are setting the record straight.
DETENTION - JUVENILES
On August 26, 2007, a settlement was reached in the case of In re Hutto Family Detention Center, W.D. Tx., Austin Div., Case No. 1:07-cv-00164-SS, which challenged the treatment of juveniles in immigration detention at the Hutto facility in Texas. http://bibdaily.com/pdfs/Hutto%20settlement%208-26-07.pdf
DETENTION - HABEAS - APPOINTMENT OF COUNSEL
Liu v. Chertoff, et al., __ F.Supp.2d __, 2007 WL 2429754 (S.D. Cal. Aug., 24, 2007) (appointing counsel to represent noncitizen in habeas corpus petition challenging immigration detention, pursuant to 18 U.S.C. 3006A(a)(2)).
CRIME OF MORAL TURPITUDE - ASSAULT
Matter of Solon, 24 I. & N. Dec. 239 (BIA 2007) (New York conviction of assault under New York Penal Code 120.00(1) is a crime involving moral turpitude because the offense requires the specific intent to cause physical injury, and that such injury actually [causing substantial pain] occurs).
ADMISSION - ARRIVING ALIEN - NONCITIZEN WHO DEPARTS UNITED STATES AND RETURNS AFTER CANADA DENIES REFUGEE STATUS IS SEEKING ADMISSION TO UNITED STATES AND IS AN ARRIVING ALIEN
Matter of RD, 24 I. & N. Dec. 221 (BIA 2007) (noncitizen who leaves the United States and is admitted to Canada to seek refugee status has made a departure from the United States, and upon returning to United States after denial of an application for refugee status in Canada, is seeking admission into the United States and is therefore an arriving alien under 8 C.F.R. 1001.1(q) (2007)).
http://www.usdoj.gov/eoir/vll/intdec/nfvol24.htm
CRIME OF MORAL TURPITUDE - ASSAULT - DOMESTIC
Matter of Sejas, 24 I. & N. Dec. 236 (BIA 2007) (Virginia conviction of assault and battery on a family or household member in violation of Virginia Code 18.2-57.2 is not necessarily a crime involving moral turpitude), following Matter of Sanudo, 23 I. & N. Dec. 968, 970-71 (BIA 2006).
DEPORTATION - EVIDENCE - BURDEN OF PRODUCTION - AFTER GOVERNMENT HAS MADE PRIMA FACIE CASE, RESPONDENT MAY BE REQUIRED TO PRODUCE EVIDENCE WITHIN HIS CONTROL
Matter of Vivas, 16 I. & N. Dec. 68 (BIA 1977) (while the government has the initial burden of proof in deportation proceedings, after it has presented a prima facie case, respondent may be required to produce evidence in rebuttal when respondent has better control or knowledge of the evidence (in this instance, the proper identity of his alleged United States citizen wife)).
INTRODUCTION - CRIMINALITY OF NONCITIZENS
"Myth of Immigrant Criminality and the Paradox of Assimilation, Incarceration Rate of Native Born and Foreign Born Men"
http://www.ailf.org/ipc/special_report/sr_022107.pdf
JUVENILE - TRANSFER FROM JUVENILE TO ADULT - ERROR TO TRANSFER JUVENILE TO ADULT PROSECUTION AFTER MAKING CLEARLY ERRONEOUS FINDINGS CONCERNING DEFENDANT'S SOCIAL BACKGROUND
United States v. Juvenile Male, 492 F.3d 1046 (9th Cir. July 5, 2007) (reversing district court order granting government motion to transfer a juvenile case alleging second degree murder to adult criminal prosecution pursuant to the Federal Juvenile Delinquency Act where district court made clearly erroneous findings concerning defendant's social background).
INADMISSIBILITY - DUI
DOS cable dated July 7, 2007: "This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence."
http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html