The modified categorical approach is categorically modified in the 9th Circuit

Sunday, August 14th, 2011

On August 11, 2011, the 9th Circuit Court of Appeals published another en banc blockbuster, U.S. v. Aguila-Montes de Oca authored by Judge Jay Bybee. The case addresses the modified categorical approach of statutory analysis. The use of the approach arises when a court needs to figure out if a state criminal conviction fits a federal definition of say, a crime of violence or a burglary or a crime of domestic violence or sexual abuse of a minor or a…

The pendulum swings back in the 9th Circuit ‘reversing’ Matter of Almanza-Arenas

Sunday, January 9th, 2011

Nearly a year ago, I posted two blogs, this and this, about a case from the Board of Immigration Appeals, Matter of Almanza-Arenas, which reversed precedent in the Ninth Circuit regarding showing eligibility for Cancellation of Removal for Certain Permanent Residents, INA § 240A(a). This Cancellation of Removal, there are two others, allows permanent residents to keep their permanent residence status after committing removable offenses or engaging in conduct that renders one removable. To be eligible, an alien must have at…

A generation of pleading tactics may be down the drain.

Sunday, January 24th, 2010

Immigration lawyers involved in advising aliens who have been arrested and their criminal defense attorneys have honed skills in trying to mitigate the effects of a criminal conviction on immigration status. In other words, attorneys try to find ways for an alien to plead guilty so he or she will not be deportable, or if he or she cannot avoid deportation, he or she will at least be able to ask for relief (forgiveness) so as not to be deported….