Capsule updates to CMT book

CONVICTION " NATURE OF CONVICTION " CATEGORICAL ANALYSIS " FACTS IN COMPLAINT

Cabantac v. Holder, 693 F.3d 825 (9th Cir. Aug. 23, 2012) (We hold that where, as here, the abstract of judgment or minute order specifies that a defendant pleaded guilty to a particular count of the criminal complaint or indictment, we can consider the facts alleged in that count.).

JUDICIAL REVIEW " PETITION FOR REVIEW " RES JUDICATA

Dormescar v. U.S. Attorney General, 690 F.3d 1258, 1269-70 (11th Cir. Aug. 15, 2012) (DHS was not barred by res judicata from seeking to remove noncitizen based on his aggravated felony conviction where noncitizen had first been charged, and found not removable under INA 212, 8 U.S.C. 1182, because the DHS could not have successfully brought the aggravated felony charge under 1227(a) until after Dormescar was deemed admitted).

JUDICIAL REVIEW " DISCRETIONARY BAR " GOOD MORAL CHARACTER

Jimenez-Galicia v. U.S. Attorney General, 690 F.3d 1207 (11th Cir. Aug. 13, 2012) (court lacks jurisdiction to review the BIA's discretionary determination that Petitioner lacked good moral character).

DEFERRED ACTION " DREAM ACT " PRACTICE ADVISORY

American Immigration Council, Legal Action Center and National Immigration Project of the National Lawyers Guild, Practice Advisory, Deferred Action For Childhood Arrivals (Aug.

IDADMISSIBILITY " MATERIAL SUPPORT TO TERRORIST ORGANIZATION

Barahona v. Holder, 691 F.3d 349 (4th Cir. Aug. 13, 2012) (no duress exception exists to the material support of terrorists inadmissibility bar to adjustment of status).

DEFERRED ACTION " DREAM " RESOURCES

DACA Criminal Bars Chart. This one-page chart provides a brief overview of how a criminal history can affect an individuals application for Deferred Action. The chart is intended as a general reference and corresponds with the longer DACA Criminal Bars FAQ. http://www.ilrc.org/resources/daca-criminal-bars-chart

Updated: Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama.

CRIMES OF MORAL TURPITUDE " FRAUD " POSSESSION OF FALSE ID

Nino v. Holder, 690 F.3d 691 (5th Cir. Aug. 13, 2012) (Texas conviction of unlawful possession of fraudulent identifying information, in violation of Texas Penal Code 32.51(b)(2007) [obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another.], categorically constituted a crime involving moral turpitude, even when considering that the offense may be committed only with intent to harm).

RELIEF " VISAS " U VISAS " STATISTICS

U.S. Citizenship and Immigration Services announced in late August 2012 that it had approved 10,000 U visas, the annual statutory maximum. The U visa is for victims of certain crimes who are helpful with law enforcement investigations or prosecutions. An approved visa allows the person to remain in the U.S., get a work permit, and eventually apply for legal residency. 10,000 U visas were issued throughout this fiscal year, which ends on September 30, 2012.

RELIEF " NON-LPR CANCELLATION OF REMOVAL " CRIME OF MORAL TURPITUDE CONVICTION BAR

Nino v. Holder, 690 F.3d 691 (5th Cir. Aug. 13, 2012) (for purposes of determining whether an applicant is ineligible for cancellation of removal for nonpermanent residents pursuant to INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), it does not matter when the crime of moral turpitude occurred in relation to the alien's admission), following the reasoning of Matter of Cortez, 25 I&N Dec. 301 (BIA 2010).

ARMED FORCES ENLISTMENT " NATIONALITY REQUIREMENTS

See 10 U.S.C. 504(b) (requirements for enlistment in the Armed Forces: A person must be a U.S. national, lawful permanent resident, a citizen of certain Pacific Islands, or vital to the national interest in order to enlist lawfully; the Army checks a persons paperwork with DHS to see whether the person falls into one of those categories, and also runs a fingerprint check and other database checks).

Archives

Sep 2010

Categories

Tags