Capsule updates to CMT book

STATUTORY INTERPRETATION - STATE LABELS DO NOT CONTROL CONVICTION - NATURE OF CONVICTION - CATEGORICAL ANALYSIS - STATE LABELS DO NOT CONTROL

United States v. Ventura, 565 F.3d 870 (D.C. Cir. May 15, 2009) (in considering whether state conviction falls within federal statutory category for criminal sentencing purposes, under the categorical analysis, the state label or name for the offense does not control), citing Taylor v. United States, 495 U.S. 575, 599 (1990).

jurisdiction: 
DC Circuit

STATUTORY INTERPRETATION - GIVING MEANING TO ENTIRE STATUTE - INTENT REQUIREMENT APPLIES TO ALL ELEMENTS THAT FOLLOW IT IN THE STATUTORY DEFINITION OF AN OFFENSE

Flores-Figueroa v. United States, 129 S.Ct. 1886 (May 4, 2009) ("We should not interpret a statute in a manner that makes some of its language superfluous."), citing TRW Inc. v. Andrews, 534 U.S. 19, 31, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001).

jurisdiction: 
US Supreme Ct

CONVICTION - DIRECT APPEAL - LATE APPEAL - PENDING LATE DIRECT APPEAL DOES NOT DESTROY FINALITY OF CONVICTION

Matter of Cardenas-Abreu, 24 I. & N. Dec. 795 (BIA 2009) (pending late-reinstated appeal of a criminal conviction, filed pursuant New York Criminal Procedure Law 460.30, does not undermine the finality of the conviction for immigration purposes).

jurisdiction: 
BIA

RELIEF - CANCELLATION OF REMOVAL - BURDEN

Matter of Gabriel Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) (noncitizen whose application for relief from removal was filed after the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 231, has the burden to prove that he satisfies the applicable eligibility requirements and merits a favorable exercise of discretion under INA 240(c)(4)(B), 8 U.S.C.

jurisdiction: 
BIA

JUDICIAL REVIEW - PETITION FOR REVIEW - STAY OF REMOVAL - TRADITIONAL STANDARD
Nken v. Holder, 129 S.Ct. 1749 (Apr. 22, 2009) (reversing court of appeals' denial of motion to stay removal pending judicial review of a BIA ruling, where traditional stay factors, rather than the demanding standard of 8 U.S.C. 1252(f)(2), govern a Court of Appeals' authority to stay an alien's removal pending judicial review).

jurisdiction: 
0

STATUTORY CONSTRUCTION - LABEL OR TITLE OF STATUTE CANNOT OVERRIDE TEXT

INS v. St. Cyr, 533 U.S. 289, 309, 121 S.Ct. 2271, 2284 (2001) ("The title of a statute ... cannot limit the plain meaning of the text. For interpretive purposes, it is of use only when it sheds light on some ambiguous word or phrase.")

jurisdiction: 
US Supreme Ct

JUDICIAL REVIEW - NO CHEVRON DEFERENCE IS DUE TO THE IJ'S DECISION, NOT RELYING ON A PRECEDENTIAL RULING

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (the decision of a single IJ, not relying on a precedential ruling, does not command Chevron deference).

jurisdiction: 
0

CRIMES OF MORAL TURPITUDE - INTENT REQUIREMENT - SPECIFIC INTENT NOT REQUIRED FOR OFFENSE TO CONSTITUTE CMT

United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) ("The lack of a specific intent requirement in 2252A(a)(5)(B) -which ba rs "knowing[ ]," as opposed to willful, possession of child pornography-does not change this result. Specific intent is not required for a crime to involve moral turpitude. See Nicanor-Romero v.

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE - CATEGORICAL ANALYSIS

United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) ("this circuit applies the "categorical" and "modified categorical" approaches of Taylor v. United States, 495 U.S. 575, 599-602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), when determining whether a crime involves moral turpitude), following Navarro-Lopez v. Gonzales, 503 F.3d 1062, 1067 (9th Cir. 2007) (en banc).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - REMOVAL ORDER MUST BE SUPPORTED BY SUBSTANTIAL EVIDENCE

Al Mutarreb v. Holder, 561 F.3d 1023 (9th Cir. Apr. 6, 2009) (reversing removal order where the record contained no evidence relevant to the charge of removability, and thus the order was not supported by substantial evidence).

jurisdiction: 
Ninth Circuit

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