Archive for July, 2011

9th Circuit holds that burglary with lawful entry is never a theft offense.

Sunday, July 10th, 2011

It is not an understatement to term “stunning” a Ninth Circuit Court of Appeals decision on July 8, 2011, in Hernandez-Cruz v. Holder. The court held that Cal. Penal Code § 459, burglary, is not a theft offense and thus not a crime of moral turpitude as a theft offense or a basis to conclude that someone is an aggravated felon for commiting a theft offense if the person did not break the law when entering the building or structure that led to the …

DSK’s accuser potentially faces a host of immigration problems

Saturday, July 2nd, 2011

There is a foreign woman who goes unnamed in the United States media — though I predict not for much longer. She has been identified as an asylee from Guinea, a West African nation. The media reports are quite unclear about the lady’s actual immigration status. She accused Dominique Strauss Kahn, the former director of the International Monetary Fund and expected candidate for the presidency of France, of trying to vaginally rape her and of forcing her to fellate him at a hotel…