Updates to criminal defense

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

jurisdiction: 
BIA

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).

jurisdiction: 
BIA

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)).

jurisdiction: 
BIA

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

jurisdiction: 
Other

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

jurisdiction: 
Other

FIREARMS OFFENSES - SPORTING EXCEPTION REJECTED

Awad v. Gonzales, __ F.3d __, 2007 WL 2067857 (8th Cir. Jul. 20, 2007) (Minnesota misdemeanor conviction for transportation of a loaded firearm, in violation of Minnesota Statute 97B.045, constituted a deportable firearms offense under INA 237(a)(2)(C); court rejected argument that offense fit within sporting exception under 18 U.S.C. 921(a); the sporting exception applies only to "destructive devices," as defined by 18 U.S.C. 921(a)(4), not firearms under 18 U.S.C. 921(a)(3)), disagreeing with Lemus-Rodriguez v. Ashcroft, 350 F.3d 652 (7th Cir. 2003).

jurisdiction: 
Eighth Circuit

IMMIGRATION CONSEQUENCES - NEW YORK DEFERRED ADJUDICATION

The New York City Bar Association issued a report calling for more pre-plea/deferred prosecution diversion programs (as opposed to deferred adjudication programs that require an upfront guilty plea and thus often leave immigrants deportable), since immigrants should have meaningful access to alternatives to incarceration that can also operate as alternatives to deportation. See http://www.nycbar.org/pdf/report/Immigration_Consequences_Report.pdf).

jurisdiction: 
Other

BIBLIOGRAPHY - DETENTION - CONSULAR OFFICE

A Jailhouse Lawyer's Manual: Immigration and Consular Access
Columbia Human Rights Law Review, 2007
http://www.bibdaily.com/pdfs/Immigration%20and%20Consular%20Access%20Sup...

jurisdiction: 
Other

REMOVAL - ENFORCEABILITY OF FEDERAL PROSECUTOR'S PROMISE NOT TO DEPORT

Morgan v. Gonzales, __ F.3d __, 2007 WL 2127707 (9th Cir. Jul. 26, 2007) (United States is not estopped from removing an aggravated felon based on governments alleged agreement not to deport him in exchange for his cooperation in a federal drug prosecution where there was no claim that an official having the authority to do so made a specific promise of such relief).

jurisdiction: 
Ninth Circuit

DETENTION - CONDITIONS OF CONFINEMENT

June, 2007 ACLU briefing on conditions of confinement in immigration detention centers. "This briefing paper explains the domestic standards for detention conditions and demonstrates the pervasive problems with conditions of confinement that immigration detainees face in jails and detention facilities across the country.

jurisdiction: 
Other

Archives

Sep 2010

Categories

Tags