×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes
Loaded on Nov. 1, 2024
by Sam Rutherford
published in Criminal Legal News
November, 2024, page 35
Filed under:
Crimes of Violence/Violent Felony.
Location:
California.
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that a carjacking conviction under California Penal Code § 215(a) is not categorically a crime of violence under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101-1537, because that state crime does not require proof that the defendant ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, by Sam Rutherford
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, by Douglas Ankney
- Broken Trust The Pervasive Role of Deceit in American Policing, by Andrew Eichen
- WhatsApp’s Security Team Identifies Vulnerabilities, by Michael Thompson
- University of Maryland Carey Law Pioneers Forensic Defense Clinic
- Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion, by Sam Rutherford
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, by Sam Rutherford
- Barrier-Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment, by Douglas Ankney
- Cops Hide Behind Encrypted Radio, by Michael Thompson
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, by Sam Rutherford
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity, by Anthony Accurso
- Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes, by Sam Rutherford
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, by Sam Rutherford
- Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense, by Sam Rutherford
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, by Matthew Clarke
- Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution, by Sam Rutherford
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, by Anthony Accurso
- Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops, by Jo Ellen Nott
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, by Sam Rutherford
- Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference, by Sam Rutherford
- ICE’s Deadly Force Problem: A Culture of Impunity, by Jo Ellen Nott
- News In Brief
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, by Jo Ellen Nott
More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- The Violent Crime Control and Law Enforcement Act of 1994: 25 Years Later, Where Do We Stand?, Oct. 1, 2020. U.S. Sentencing Guidelines, Crimes of Violence/Violent Felony.
- U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler), June 23, 2014. Punch And Jurists, Crimes of Violence/Violent Felony.
- U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam), March 1, 2009. Punch And Jurists, Crimes of Violence/Violent Felony.
- U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner), Jan. 1, 2007. Punch And Jurists, Crimes of Violence/Violent Felony.
- Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea), Dec. 1, 2006. Punch And Jurists, Crimes of Violence/Violent Felony.
- U.S. v. Bowers, No. 05-4908 (3rd Cir.) (432 F.3d 518) (December 27, 2005) (Judge Edward R. Becker), Dec. 1, 2005. Punch And Jurists, Crimes of Violence/Violent Felony.
- Valencia v. Gonzales, No. 03-72028 (9th Cir.) (431 F.3d 673) (December 12, 2005) (Judge Carlos T. Bea), Nov. 1, 2005. Punch And Jurists, Crimes of Violence/Violent Felony.
- Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist), Oct. 1, 2004. Punch And Jurists, Crimes of Violence/Violent Felony.
- U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker), July 1, 2002. Punch And Jurists, Crimes of Violence/Violent Felony.
- U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly), July 1, 2002. Punch And Jurists, Crimes of Violence/Violent Felony.
