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evading arrest

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Ninth Circuit Rejects Equal Protection Challenge to Naturalization Statute; Finds that Arizona Third Degree Escape is not a Crime of Violence

The Ninth Circuit has rejected an equal protection challenge to a statute that required the adoptive parents of children to file naturalization petitions for those children. The Court also determined that Arizona’s third degree escape statute does not require the use of violent force, and therefore, is not a crime of violence aggravated felony.

The full text of Dent v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/17/17-15662.pdf

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Fifth Circuit Finds that Texas Evading Arrest Conviction is not Categorically a CIMT

The Fifth Circuit has determined that a Texas conviction for evading arrest is not categorically a crime involving moral turpitude.  The court found the statute to be divisible, but determined that only the prong criminalizing flight in a vehicle involves moral turpitude.  

The full text of Laryea v. Sessions can be found here: 

http://www.ca5.uscourts.gov/opinions/pub/15/15-60722-CV0.pdf

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