crimmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Articles
  • Books
  • Book Tour
  • Talks & Media

Definition of Crime of Violence for Illegal Reentry Sentencing is Unconstitutionally Vague

By Sarah Flinn Relying on the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), the U.S. Court of Appeals for the Seventh Circuit recently held that the federal definition of “crime of violence” as defined in 18 U.S.C. § 16(b) is unconstitutionally vague. United States v. Vivas-Ceja, 808 F.3d 719, 720 (7th Cir. 2015). Raul Vivas-Ceja, a citizen of Mexico, has been removed from the United States on three occasions and also has numerous convictions of varying severity. Id. at 720-21. Subsequent to Mr. Vivas-Ceja’s arrest at an airport in Madison, Wisconsin on [...]

Posted by César on February 4, 2016 on 4:00 am Leave a Comment
Filed Under: 7th Circuit Court of Appeals, ACCA, aggravated felony, crime of violence, guest blogger

7 Cir: Migrant defendants entitled to roll the dice with a jury

Migrants facing criminal prosecution can turn down a plea offer and elect to go to trial no matter how good the plea deal, the U.S. Court of Appeals explained recently. DeBartolo v. United States, No. 14-3579, slip op. (7th Cir. June 26, 2015). Any ineffective assistance of counsel suffered along the way isn’t absolved simply because they turned down a perfectly good plea offer. This case involved an Italian citizen with a string of low-level drug convictions. His last eventually resulted in his deportation. Along the way, however, he was denied the competent legal counsel required by the [...]

Posted by César on July 16, 2015 on 4:00 am 1 Comment
Filed Under: 7th Circuit Court of Appeals, Padilla v. Kentucky, post-conviction relief, right to counsel

7 Cir: Time in immigration detention can lead to reduced criminal sentence; cites me

In an interesting twist to the old story of civil and criminal immigration law enforcement overlap, the U.S. Court of Appeals for the Seventh Circuit recently concluded that time spent in civil immigration detention can be considered when determining a sentence for a federal immigration crime. United States v. Estrada-Mederos, No. 14-2417, slip op. (7th Cir. April 29, 2015). The Seventh Circuit held that a sentencing judge could view the time spent under ICE’s custody as the basis for granting a convicted migrant a downward departure from the sentencing range for illegal reentry. This case [...]

Posted by César on May 7, 2015 on 4:00 am 1 Comment
Filed Under: 7th Circuit Court of Appeals, detainer, illegal reentry, imprisonment

7 Cir: Padilla & Chaidez don’t differentiate between no advice & bad advice; neither merits retroactive application of Sixth Amendment

The U.S. Court of Appeals held that the Sixth Amendment right to receive advice about the immigration consequences of a conviction does not apply prior to March 31, 2010 whether the criminal defense attorney affirmatively provided incorrect advice or simply failed to say anything about possible immigration consequences. Chavarria v. United States, No. 11-3549, slip op. (7th Cir. Jan. 9, 2014) (Cudahy, Ripple, and Hamilton, JJ.). Judge Cudahy wrote the panel’s opinion. This case involved an LPR who was convicted in 2009. After the Supreme Court announced in Padilla v. Kentucky 559 U.S. 356 [...]

Posted by César on February 20, 2014 on 9:00 am 8 Comments
Filed Under: 7th Circuit Court of Appeals, Chaidez, Padilla v. Kentucky, post-conviction relief, right to counsel

7 Cir: Posner tells BIA to follow precedent; person who leaves & returns is seeking admission

In an opinion that has become characteristic of his stance toward the Board of Immigration Appeals, Judge Posner, writing for a panel of the U.S. Court of Appeals for the Seventh Circuit, told the Board that it can’t just ignore its own precedent: a noncitizen with a criminal history who leaves the country and seeks to return must be treated as a person seeking admission. Margulis v. Holder, No. 12-3611, slip op. (7th Cir. Aug. 5, 2013) (Posner, Manion, and Rovner, J.). Mr. Margulis was successfully represented by Valparaiso University Law School’s Immigration Clinic, run by Professor Geoffrey [...]

Posted by César on August 27, 2013 on 9:00 am Leave a Comment
Filed Under: 212(h), 7th Circuit Court of Appeals, adjustment of status, admission, waiver

7th Cir: Fed importing prostitutes offense isn’t categorically aggravated felony

The U.S. Court of Appeals for the Seventh Circuit recently held that importing a noncitizen for the purpose of prostitution is not categorically an aggravated felony under the prostitution business-related definition. Familia Rosario v. Holder, No. 10-3433, slip op. (7th Cir. Aug. 24, 2011) (Bauer, Flaum, and Williams, J.) Judge Williams wrote the panel’s decision. This decision involved an LPR who was convicted of “aiding and abetting a conspiracy, the object of which was a violation of 8 U.S.C. § 1328, which prohibits the ‘importation into the United States of any alien for the purpose of [...]

Posted by César on September 20, 2011 on 9:00 am 2 Comments
Filed Under: 7th Circuit Court of Appeals, aggravated felony

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 [...]

Posted by César on September 2, 2011 on 3:30 pm 5 Comments
Filed Under: 10th Circuit Court of Appeals, 7th Circuit Court of Appeals, Padilla v. Kentucky, post-conviction relief, right to counsel

7th Circuit: BIA must use Silva-Treviño analysis; can’t rely on categorical approach alone

The Seventh Circuit Court of Appeals recently held that it was improper for the BIA to rely on a precedential decision in which it used a categorical analysis to determine whether a crime involving moral turpitude. Mata-Guerrero v. Holder, No. 10-1664, slip op. (7th Cir. Nov. 24, 2010) (Manion, Tinder, and Hamilton). Instead, the Seventh Circuit panel held, the BIA must use the three-step analysis mandated by Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008), to determine whether a criminal offense involves moral turpitude. Mata-Guerrero v. Holder, No. 10-1664, slip op. at 8-9. Judge [...]

Posted by César on December 9, 2010 on 10:32 am 26 Comments
Filed Under: § 212(c), 7th Circuit Court of Appeals, crime involving moral turpitude

  • 1
  • 2
  • Next Page »

Subscribe


Recent Posts

  • Biden-Harris immigration priorities signal big shift, raise many questions
  • Biden’s Migration Policy Options
  • Migrating to Prison, one year later
  • With Biden returning to White House, private prison stock falls
  • New York Review of Books
  • Justice Dept pushes Supreme Court to Imperil Families

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.