Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir. 2002) ("[f]or immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state's rehabilitative statute.").

Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir. 2002) ("[f]or immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state's rehabilitative statute.").

"The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power,"
Juliet Stumpf, Lewis and Clark Law School ("This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. Although the connection between immigration and criminal law, or "crimmigration law," is now the subject of national debate, scholarship in this area is in a fledgling state. This article begins to fill that void.

Abstracts of judgment cannot be relied upon in the modified categorical approach because they are insufficiently reliable non-judicial summaries of other documents. Under both Duenas-Alvarez and Shepard documents must be judicial in nature to be Shepard-type documents considered under the modified categorical approach. Judicial does not mean prepared by a judge- as Snellenberger noted they can be prepared by a clerk of court. Snellenberger, 548 F.3d at 702. But it does not follow that anything prepared by a clerk of court is thereby judicial in nature.

INA section 322 treats military residence abroad as physical presence in the U.S., exempts a child from the requirement of 322(a)(5), and uses INA 101(b)(1) as the test for the adoptive relationship.

"Arriving Alien" and Adjustment of Status Litigation Issue Page. AILF has updated its "Arriving Alien" and Adjustment of Status Litigation Issue Page. This page provides information about developments relating to the ability of an "arriving alien" in removal proceeding to adjust status. It includes summaries of circuit court decisions and links to AILFs Practice Advisories on this issue. http://www.ailf.org/lac/clearinghouse_102306.shtml

Solomon Moore, Study Shows Sharp Rise in Latino Federal Convicts, N.Y. Times (Feb. 19, 2009) http://www.nytimes. com/2009/ 02/19/us/ 19immig.html

It is risky for a noncitizen who has voted unlawfully to apply for naturalization, unless they have a defense under McDonald v. Gonzales, 400 F.3d 684 (9th Cir. 2005), but proving something was not willful can be difficult.
Cancellation of removal is possible to avoid the unlawful voting ground of deportation, but the immigration court might deny it in the exercise of discretion. Illegal voting is not only a Good Moral Character issue.

Martinez v. Mukasey, 519 F.3d 532, 545 (5th Cir. March 11, 2008) (although the court may consider an issue waived because of inadequate briefing, or where it is raised for the first time at oral argument, this is a prudential rule, not a jurisdictional one, and the court also has discretion to consider the issue).

Koussan v. Holder, 556 F.3d 403 (6th Cir. Feb. 12, 2009) (INA 237(a)(3)(A)(ii) (violation of 18 U.S.C. 1546, fraud & misuse of entry documents, is not a "comparable" to INA 212(a)(6)(C)(1), misrepresentation to obtain entry document, for purposes of making an application for relief under former INA 212(c) in deportation proceedings), following Matter of Jimenez-Santillano, 21 I & N Dec. 567 (BIA 1996).