Capsule updates to CMT book

CATEGORICAL ANALYIS " DIVISIBLE STATUTE ANALYSIS " FIREARMS OFFENSES

United States v. Royal, 731 F.3d 333 (4th Cir. Oct. 1, 2013) (in federal conviction for possession of ammunition by an ex-felon, in violation of 18 U.S.C. 922(g)(1), defendant has burden of establishing as affirmative defense that bullets in question were designed exclusively for use in antique firearms).

JUDICIAL REVIEW " PETITION FOR REVIEW " COURT CANNOT AFFIRM AGENCY DECISION ON BASED ON A POSITION THE AGENCY DID NOT TAKE

Orabi v. Attorney General of the U.S., 738 F.3d 535, 539 (3d Cir. Jan. 2, 2014) (Because the BIA did not reach its decision based on this ground, we may not affirm the judgment on this ground.); see Sec. & Exch. Comm'n v. Chenery Corp., 332 U.S. 194, 196, 67 S.Ct. 1575, 91 L.Ed. 1995 (1947) ([A] reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency.

POST CON RELIEF " REMOVAL PROCEEDINGS " RETURN TO THE UNITED STATES

Orabi v. Attorney General of the U.S., 738 F.3d 535, 528 (3d Cir. Jan. 2, 2014) (even after deportation, the Government was prepared to return noncitizen to the United States under certain circumstances pursuant to ICE regulations); see ICE Policy, 11061.1(2) (Absent extraordinary circumstances, if an alien who prevails before the U.S. Supreme Court or a U.S.

CITIZENSHIP " NATURALIZATION " FRAUDULENT ADMISSION

Injeti v. U.S. Citizenship and Immigration Services, 737 F.3d 311 (4th Cir. Dec. 11, 2013) (affirming district court denial of review of USCIS denial of naturalized U.S. citizenship, where noncitizen made misrepresentations on application for LPR status and submitted false evidence in another immigration proceeding).

CRIMES OF MORAL TURPITUDE " ANALYIS LIMITED TO TRADITIONAL CATEGORICAL ANLYSIS

Silva-Trevino v. Holder, 742 F.3d 197, 200 (5th Cir. Jan. 30, 2014) (immigration judge cannot consider extrinsic evidence to determine whether an alien was convicted of a crime involving moral turpitude: We have long held that, in making this determination, judges may consider only the inherent nature of the crime, as defined in the statute, or, in the case of divisible statutes, the alien's record of conviction. Amouzadeh v. Winfrey, 467 F.3d 451, 455 (5th Cir.2006) (internal quotation marks and citations omitted); U.S. ex rel. McKenzie v. Savoretti, 200 F.2d 546, 548 (1952).

JUDICIAL REVIEW " CHEVERON DEFERENCE

Silva-Trevino v. Holder, 742 F.3d 197 (5th Cir. Jan. 30, 2014) (court of appeals need not defer to Silva-Trevino method of analysis, because Congress spoke clearly on this issue); reversing Matter of Silva-Trevino, 24 I. & N. Dec. 687 (BIA Nov. 7, 2008).

CRIMES OF MORAL TURPITUDE " MENTAL STATE " KNOWLEDGE VERSUS DELIBERATE INDIFFERENCE

United States v. Saucedo-Munoz, 307 F.3d 344 (5th Cir 2002) (addresses the difference in mental states between actual knowledge and deliberate indifference).

JUVENILES " CONVICTION " EXISTENCE OF CONVICTION

Hanna v. Holder, 740 F.3d 379 (6th Cir. Jan. 17, 2014) (adjudication under Michigan's Holmes Youthful Trainee Act (YTA), Mich. Comp. Laws 762.11"16, is a conviction under the INA, since it is more similar to a deferred adjudication for youthful offenders than a true finding of juvenile delinquency); following Uritsky v. Gonzales, 399 F.3d 728, 735 (6th Cir. 2005) (YTA adjudications are convictions under 8 U.S.C. 1101(a)(48)(A), because they are not analogous to determinations of juvenile delinquency under the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. 5031"42).

CATEGORICAL ANALYSIS " MODIFIED CATEGORICAL ANALYSIS " DIVISIBLE STATUTE

United States v. Tucker, 740 F.3d 1177 (8th Cir. Jan. 29, 2014) (under the Supreme Courts decision in Descamps, the court may not apply the modified categorical approach to a statute that is textually indivisible, such as the Missouri statute penalizing a walk-away escape from a half-way house, to hold the offense to be a crime of violence under the residual otherwise clause of the ACCA, 18 U.S.C. 924(e)(2)(B)(ii), because there was a guard on duty when the escape occurred); partially overruling United States v. Parks, 620 F.3d 911 (8th Cir.

RELIEF " WAIVERS " 212(h) WAIVER OF INADMISSIBILITY " AGGRAVATED FELONY BAR

Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. Jan. 21, 2014) (the aggravated felony bar to a waiver of inadmissibility under INA 212(h) for a noncitizen previously admitted to the US as a LPR does not apply to someone who adjusted status without leaving the United States: only non-citizens who entered the United States as lawful permanent residents are barred from eligibility to apply for waiver).

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