9 Cir: Rejects Silva-Treviño; deepens circuit split
The U.S. Court of Appeals for the Ninth Circuit expressly rejected Matter of Silva-Treviño, 24 I&N Dec. 687 (A.G. 2008), in which Attorney General Mukasey revamped the method by which immigration...
View Article9 Cir: Cal. marijuana possession is categorically controlled substances offense
The U.S. Court of Appeals for the Ninth Circuit held that a conviction for possessing marijuana under California law is categorically a controlled substances offense (CSO) for immigration law...
View Article9 Cir: Operation Streamline proceeding violates Rule 11; vacates conviction
The U.S. Court of Appeals for the Ninth Circuit held that a criminal conviction obtained through Operation Streamline violated Rule 11 of the Federal Rules of Criminal Procedure and vacated the...
View Article9 Cir: Conspiracy aggravated felony requires overt act; rejects BIA position
The U.S. Court of Appeals for the Ninth Circuit held the generic definition of “conspiracy” used in the aggravated felony definition requires an overt act in furtherance of the conspiracy, but...
View ArticleBIA: Nevada attempted possession of stolen vehicle isn’t theft type of...
The Board of Immigration Appeals held that Nevada’s attempted possession of a stolen vehicle does not fit within the theft category of aggravated felony. Matter of Sierra, 26 I&N Dec. 288 (BIA...
View Article9 Cir: Clarifies difference between divisible & indivisible statutes
The U.S. Court of Appeals for the Ninth Circuit jumped into the minutia of crimmigration law with a recent decision on a critically important topic: how to distinguish between divisible and indivisible...
View Article9 Cir: Arizona’s no bail law is unconstitutional
After years of litigation, the U.S. Court of Appeals for the Ninth Circuit announced yesterday that Arizona’s no bail law for unauthorized migrants violates the Due Process Clause of the Fourteenth...
View Article9 Cir: Inconclusive record favors migrant
The U.S. Court of Appeals for the Ninth Circuit reversed course this week holding that a record of conviction that inconclusively identifies whether a migrant is removable must be viewed as failing to...
View Article9 Cir: Shifts longstanding drug paraphernalia case law to follow Supreme Court
The U.S. Court of Appeals for the Ninth Circuit recently held that a drug paraphernalia conviction constitutes a controlled substance offense only if the conviction involved a substance criminalized by...
View Article9 Cir takes strong stance on right to effective assistance of counsel
In a well-reasoned and crisply written decision, the U.S. Court of Appeals for the Ninth Circuit bolstered the Sixth Amendment right to counsel for migrant defendants recently. In United States v....
View Article9 Cir. finds part of crime of violence definition unconstitutional
The U.S. Court of Appeals struck an important blow against the crime of violence type of aggravated felony yesterday holding that part of the term’s definition is unconstitutionally vague. Dimaya v....
View Article9 Cir: Overly Broad California Child Pornography Statute Isn’t Aggravated Felony
By: Sarah Flinn The U.S. Court of Appeals for the Ninth Circuit, using the categorical approach, recently determined that the California statute regarding the possession of child pornography,...
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9 Cir limits prolonged immigration imprisonment
The U.S. Court of Appeals for the Ninth Circuit recently reinforced a semblance of rationality that is long tried to inject into the federal government’s civil immigration detention practice. In...
View Article9th Circuit: Physical Presence Stops Accruing Upon Receipt of Notice to Appear
By Sarah Flinn A recent decision by the U.S. Court of Appeals for the Ninth Circuit followed the trend set by the Second, Fourth, Sixth, and Seventh Circuits in determining that continuous physical...
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Jennings v. Rodriguez highlights need for detention time limits
Justine N. Stefanelli The US Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. ___ (2018) (slip opinion), denying bail hearings to thousands of detainees is a serious blow to the rule of law....
View ArticleSupreme Court to hear smuggling case
The United States Supreme Court recently agreed to decide the constitutionality of a federal law criminalizing migrant smuggling. United States v. Sineneng-Smith, No. 19-67. Late last year, the U.S....
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