These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
nin
The Ninth Circuit has determined that a conviction for assault with a deadly weapon or assault with force likely to produce great bodily injury is a crime involving moral turpitude. In so doing, the court has deferred to the Board of Immigration Appeals’ decision in Matter of Wu.
The full text of Safaryan v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/17/16-74039.pdf
The Ninth Circuit has determined that the California murder statute is overbroad when compared to the generic definition of murder because it includes murder of a fetus. However, the court determined that the statute is divisible between murder of a fetus and murder of a person, and therefore concluded under the modified categorical approach that the petitioner was convicted of an aggravated felony.
The full text of Gomez-Fernandez v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/13/19-70079.pdf
The Ninth Circuit has determined that the failure to include the address of the Immigration Court where a Notice to Appear will be filed does not deprive the Immigration Court of jurisdiction over the removal proceedings. The regulatory violation is cured by the subsequent issuance of a notice of hearing with the location information. The court deferred to the Board of Immigration Appeals’ decision in Matter of Rosales Vargas.
The full text of Aguilar Fermin v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/05/05/18-70855.pdf
