Legal Citations for ILW.COM's Seminar
"Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices"
Part 2 held on February 13, 2003
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- United States v. Gaudin, 515 U.S. 506 (1995) (holding that materiality is an element of a conviction under18 USC § 1001)
- United States v. Arrellano-Torres, 303 F.3d 1173 (9th Cir. 2002) (en banc) (disregarding recidivist sentencing enhancements for purposes of determining whether conviction for possession of a controlled substance was an aggravated felony)
- United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc) (clarifying that recidivist sentencing enhancements for theft offense do not count when considering whether an offense is punishable as an aggravated felony)
- United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001) (treating California transportation of marijuana for sale statute as divisible offense)
- Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000) (relying on a limited statutory amnesty for people who present false social security cards to conclude that the offense is not a conviction for a crime involving moral turpitude)
- Hamdan v. INS, 98 F.3d 183 (5th Cir 1996) (concluding that conviction under a divisible kidnapping statute did not involve moral turpitude notwithstanding "boilerplate" language in indictment that emphasized seriousness of offense)
- Hirsch v. INS, 308 F.2d 562 (9th Cir. 1962) (ignoring extraneous language in indictment to conclude that 18 USC 1001 conviction did not involve moral turpitude)
- United States v. Precision Medical Labs, Inc., 593 F.2d 434 (2d Cir. 1978) (distinguishing between scienter requirement requiring actual knowledge of something's falsity and deliberate disregard of whether something is true)
- Matter of Elgendi, 23 I&N Dec. 515 (BIA 2002) (applying rule in Matter of Yanez to cases arising in Second Circuit)
- Matter of Santos-Lopez, 23 I&N Dec.419 (BIA 2002) (examining classification of offense in convicting jurisdiction to hold that that two convictions for misdemeanor possession do not an aggravated felony make)
- Matter of Yanez, 23 I&N 390 (BIA 2002) (holding that felony possession of a controlled substance is a conviction for an aggravated felony)
- Matter of Espinoza, 22 I&N Dec. 889 (BIA 1999) (refusing to classify a conviction for federal misprision of felony as an obstruction of justice aggravated felony)
- Matter of Serna, 20 I&N Dec. 579 (1992) (holding that a conviction for possessing an altered immigration document with knowledge that it was altered was a conviction for a crime involving moral turpitude where there was no evidence in the record of conviction of an intent to use the document)
- In re Giraldo-Valencia A26 520 954 (BIA Index Dec. Oct 22, 1992) (concluding that statutory misprision is a crime involving moral turpitude after distinguishing published holding that common law misprision is a conviction for a crime involving moral turpitude)
- Matter of Espinosa, 10 I&N Dec. 98 (BIA 1962) (refusing to consider a false writing offense a conviction for a crime involving moral turpitude until Supreme Court resolves split among circuits regarding whether materiality is an element of a conviction under 18 USC § 1001
- Matter of S-C, 3 I&N Dec. 350 (BIA 1949) (rejecting effort to classify misprision of felony as a conviction for a crime involving moral turpitude)
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