crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

9th Circuit: Fed. Courts lack jurisdiction to review § 212(i) waiver denied on discretion; § 237(a)(1)(H) waiver turns on admissibility at time of fraud sought waived

Last week the Ninth Circuit Court of Appeals held that it lacked jurisdiction to review a denial of a § 212(i) waiver that was denied on discretionary grounds and that a § 237(a)(1)(H) waiver requires consideration of the applicant’s admissibility at the time the fraud was committed. Corona-Mendez v. Holder, No. 08-72492, slip op. (9th Cir. Feb. 3, 2010) (Cudahy, Rawlinson, and Callahan). Judge Cudahy wrote for the panel. This case involved a Mexican citizen who first entered the USA unlawfully in 1956. In 1993 he was arrested for driving under the influence. While imprisoned he was [...]

9th Circuit: Suspended non-incarceratory sanction cannot form basis of conviction under INA

In a decision released last week, the Ninth Circuit Court of Appeals held that a suspended non-incarceratory sanction cannot be a predicate for a “conviction” as that term is defined by INA § 101(a)(48). Retuta v. Holder, No. 04-74855, slip op. (9th Cir. Jan. 7, 2010) (Fletcher, Clifton, Pollack). Judge Pollack wrote the panel's decision.Retuta is a lawful permanent resident who pled guilty to possession of a controlled substance in violation of California Health and Safety Code § 11377(a). He was not sentenced to any term of imprisonment. He was ordered to pay a “fine” of $100; payment of [...]

9th Circuit: California unlawful sexual intercourse with a minor is not sexual abuse of a minor aggravated felony

In a published decision released this week, a three-judge panel of the Ninth Circuit Court of Appeals held that California's unlawful sexual intercourse with a minor offense, Cal. Penal Code § 261.5(d), does not constitute sexual abuse of a minor. Pelayo-Garcia v. Holder, No. 05-70929, slip op. (Dec. 14, 2009) (Noonan, Kleinfeld, Ikuta). Judge Ikuta wrote the panel's decision. In this case, DHS sought to reopen the adjustment of status application of a Mexican citizen who was convicted of violating Cal. Penal Code § 261.5(d) approximately 9 months before having his adjustment [...]

9th Circuit: CA assault with deadly weapon is crime of violence

  In a decision released earlier this week, the Ninth Circuit Court of Appeals held that a conviction for the California offense of assault with a deadly weapon or by means likely to produce great bodily injury, Cal. Penal Code § 245(a)(1), constitutes a crime of violence. United States v. Grajeda, No. 07-50387, slip op. (Sept. 21, 2009) (Fisher, Paez, and Robart). Judge Paez wrote for the panel. Grajeda, a Mexican citizen, pled guilty to unlawful reentry in violation of 8 U.S.C. § 1326. The district court applied a sentencing enhancement because it found that Grajeda's previous [...]

9th Circuit: California conviction for receipt of stolen property is not crime involving moral turpitude

In a decision released last week, the Ninth Circuit Court of Appeals held that receipt of stolen property in California, Cal. Penal Code § 496, does not constitute a crime involving moral turpitude. Castillo-Cruz v. Holder, No. 06-70896, slip op. (Sept. 17, 2009) (Schroeder, Reinhardt, Pollack). Judge Reinhardt wrote for the panel. Castillo-Cruz entered without inspection in 1984 and was served with an NTA in May 2003. He conceded removability and that he was convicted in April 1990 of possession of stolen property, Cal. Penal Code § 496. In his application for Cancellation of Removal under [...]

9th Circuit: California conviction for receipt of stolen property is aggravated felony

In a decision released this week, the Ninth Circuit Court of Appeals held that a conviction under California's receipt of stolen property statute, Cal. Penal Code § 496(a), categorically constitutes an aggravated felony. Verdugo-Gonzalez v. Holder, No. 06-73733, slip op. (9th Cir. Sept. 14, 2009). Verdugo-Gonzalez, a lawful permanent resident since 1981, was convicted in 2004 of § 496(a) and sentenced to serve sixteen months in prison. Verdugo-Gonzalez v. Holder, No. 06-73733, slip op. at 13264. The IJ found that Verdugo-Gonzalez's conviction constituted an aggravated felony, [...]

9th Circuit: CA solicitation to commit rape by force and solicitation to commit assault by means of force likely to produce great bodily injury are crimes of violence aggravated felonies

In a decision released last week, the Ninth Circuit Court of Appeals held that the California offenses of solicitation to commit rape by force, Cal. Penal Code § 653f(c), and solicitation to commit assault by means of force likely to produce great bodily injury, Cal. Penal Code § 653f(a), are crimes of violence aggravated felonies. Prakash v. Holder, No. 07-72831, slip op. (Aug. 26, 2009) (Silverman, Clifton, and Smith). Judge Clifton wrote for the Court. This case concerned an LPR who DHS alleged was removable pursuant to INA § 101(a)(43)(F), the provision that states that an aggravated [...]