The U.S. Court of Appeals for the Third Circuit recently held that Minnesota’s predatory offender registration crime does not involve moral turpitude. Totimeh v. Attorney General, Nos. 10-3939 & 11-1998, slip op. (3d Cir. Jan. 12, 2012) (McKee, Rendell, and Ambro, JJ.). The court also followed the BIA’s 2011 decision in which the Board held that the applicable date of admission for removability is the date on which the noncitizen was in the country when the crime was committed as opposed to a later adjustment of status date. Judge Ambro wrote the panel’s decision. This case involves an [...]
7 & 10 Circuits: Padilla is not retroactive; create circuit split with 3d Cir.
The U.S. Courts of Appeals for the Seventh and Tenth Circuits issued decisions in the last ten days holding that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), in which the Supreme Court announced that the Sixth Amendment right to counsel includes advice about deportation consequences of pleading guilty, does not apply retroactively. United States v. Hong, No. 10-6294, slip op. (10th Cir. Aug. 30, 2011) (O’Brien, McKay, and Tymkovich, J.); Chaidez v. United States, No. 10-3623, slip op. (7th Cir. Aug. 23, 2011) (Bauer, Flaum, and Williams, J.). Judge Tymkovich wrote the Tenth Circuit panel’s [...]
10 Cir: Gov doesn’t have to prove conviction satisfied 6th Amend
The U.S. Court of Appeals for the Tenth Circuit recently held that the government’s burden of proving that a noncitizen is removable does not include a requirement that it show that the underlying criminal conviction satisfied the Sixth Amendment right to counsel. Waugh v. Holder, No. 10-9551, slip op. (10th Cir. June 22, 2011) (Holmes, McKay, and Porfilio, J.). Judge McKay wrote the panel’s decision. This case involved an LPR convicted of unlawful sexual conduct with a minor in Utah. Waugh “argued that the government had to prove, as part of its burden to establish grounds for removal by [...]