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2013 - 2012

  • Federal Rule of Criminal Procedure Amendments Implement Padilla Holding(1133 KB - 11/27/2013)
    Amendments to the Federal Rules of Criminal Procedure adopted by the U.S. Supreme Court following its decision in Padilla v. Kentucky that require judges to inform non-U.S. citizen defendants that if convicted, they may be removed, denied citizenship, and denied future admission to the U.S.
    AILA Doc. No. 13112744.
  • Supreme Court on Modified Categorical Approach(680 KB - 7/11/2013)
    The Court held that sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements. (Descamps v. U.S, 6/20/13)
    AILA Doc. No. 13071147.
  • Supreme Court Dismisses Challenge to CA’s Proposition 8 on Standing Grounds(623 KB - 6/26/2013)
    The Court held that petitioners did not have standing to defend California’s Proposition 8, California's voter-approved ballot measure barring same-sex couples from state-sanctioned marriage. (Hollingsworth v. Perry, 6/26/13)
    AILA Doc. No. 13062644.
  • Supreme Court Strikes Down Defense of Marriage Act(782 KB - 6/26/2013)
    The Court held that Section 3 of the Defense of Marriage Act (DOMA) violated the equal protection clause of the Fifth Amendment. (U.S. v. Windsor, 6/26/13)
    AILA Doc. No. 13062640.
  • Supreme Court Finds Drug Conviction is Not Aggravated Felony(660 KB - 4/23/2013)
    The Court held that if a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony. (Moncrieffe v. Holder, 4/23/13)
    AILA Doc. No. 13042343.
  • Supreme Court Holds Padilla Does Not Apply Retroactively(591 KB - 2/20/2013)
    The Court found that Padilla v. Kentucky, in which the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation, does not apply retroactively. (Chaidez v. United States, 2/20/13)
    AILA Doc. No. 13022042.
  • Supreme Court Issues Decision in Arizona SB1070 Case(790 KB - 6/25/2012)
    The Court found that three provisions of Arizona SB1070 are preempted, but upheld the provision that requires local police to check the immigration status of anyone they have “reasonable suspicion” to believe is in the U.S. unlawfully. (Arizona v. United States, 6/25/12)
    AILA Doc. No. 12062540.
  • Supreme Court Says Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility(580 KB - 5/21/2012)
    The Court upheld the BIA’s interpretation of the criteria for cancellation of removal, holding that a noncitizen living in the U.S. as a child cannot count his parent’s years of residence or time as a LPR to satisfy §240A(a). (Holder v. Martinez Gutierrez, 5/21/12)
    AILA Doc. No. 12052143.
  • Supreme Court Transcript of Arizona v. United States Oral Argument(628 KB - 4/26/2012)
    Transcript of 4/25/12 oral arguments on Arizona immigration law SB1070, addressing federal preemption and issues of determining of immigration status on “reasonable suspicion” and criminal penalties on unauthorized employees.
    AILA Doc. No. 12042645.
  • Supreme Court Holds INA §101(a)(13)(c)(v) Does Not Apply Retroactively(622 KB - 3/28/2012)
    The Court held that the impact of petitioner’s brief travel abroad on his legal permanent resident status is determined not by IIRIRA, but by the legal regime in force at the time of his conviction. (Vartelas v. Holder, 3/28/12)
    AILA Doc. No. 12032842.
  • Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies(180 KB - 2/21/2012)
    The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i). (Kawashima v. Holder, 2/21/12)
    AILA Doc. No. 12022163.
 
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