June 2012 M T W T F S S « Mar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Michael Baker
-
Recent Posts
- A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
- Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
- Is Immigration Good for America?
- Marriage Fraud Doctrines.
- Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
Archives
Categories
Category Archives: U.S. Supreme Court
Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
Police currently have wide latitude to search the contents of cell phones – including text messages, voice mails, photos, Internet browsing history, and reams of other data – when searching an arrestee incident to arrest. In the Flores-Lopez case, an … Continue reading
Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
In removal proceedings against resident aliens who were convicted of willfully making and subscribing a false tax return under 26 USC section 7206(1) and aiding and assisting in the preparation of a false tax return under 26 USC section 7206(2), … Continue reading
Posted in Aggravated felony, U.S. Supreme Court
Leave a comment
Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).
Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading
Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction
In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens. The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading
A court of appeals also may set aside a decision in which the BIA has abused its discretion in applying the law to the facts-7th Cir
Kucana v. Holder, No. 07-1002“The Supreme Court remanded this proceeding to the 7th Circuit for decision on the merits after holding that 8 U.S.C. §1252(a)(2)(B) does not affect judicial review of situations in which immigration officials’ discretion is specified by … Continue reading
Padilla v. Kentucky and the Immigration Consequences of Crimes
On March 31, 2010, in a landmark decision called Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and that … Continue reading
U.S. Supreme Court ruling preserves the right to judicial review for immigrants facing deportation.
HELD: Section 1252(a)(2)(B)’s proscription of judicial review applies only to Attorney General determinations made discretionary by statute, not to determinations declared discretionary by the Attorney General himself through regulation. Kucana v. Holder (PDF)(a) The motion to reopen is an “important … Continue reading
