Capsule updates to CMT book

RELIEF - WAIVERS - NONIMMIGRANT VISA WAIVER UNDER 212(d)(3)

Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (case remanded to allow immigration judge to reconsider petitioner's eligibility for a waiver of inadmissibility under INA 212(d)(3) where flaw in form DS-156 did not allow petitioner to correctly answer a question regarding her immigration status or the consular office to realize that she needed to apply for a waiver, and IJ failed to alert her to all the avenues of relief or afford her an opportunity to apply).

jurisdiction: 
Seventh Circuit

INCHOATE OFFENSES - MISPRISION OF A FELONY - MISPRISION IS A SEPARATE OFFENSE, DISTINCT FROM THE UNDERLYING FELONY, UNLIKE AIDING AND ABETTING

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) ("Moreover, unlike the federal aiding and abetting statute involved in James, the federal misprision of a felony statute defines a separate offense, distinct from the underlying felony. See James, 464 F.3d at 510 n. 24 (citing Londono-Gomez v. INS, 699 F.2d 475, 476 (9th Cir.1983)). Thus, the fact that Patel was specifically indicted for misprision of a bank fraud is irrelevant to our inquiry of whether the statutory definition of the offense itself necessarily entails fraud or deceit.").

jurisdiction: 
Fifth Circuit

RECORD OF CONVICTION - PROBATION REPORT - COURT NEED NOT RULE ON EVIDENTIARY OBJECTIONS TO INFORMATION CONTAINED IN PROBATION REPORT

United States v. Stoterau, 524 F.3d 988 (9th Cir. Apr. 29, 2008) (Rule 32 of the Federal Rules of Criminal Procedure did not require district court to rule on defendant's objections to information contained in his PSR).

jurisdiction: 
Ninth Circuit

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