12 results for 'cat:"Drug Offender" AND cat:"Immigration"'.
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: drug Offender, Evidence, immigration
Per curiam, the circuit finds the district court improperly sentenced defendant for his conviction on charges for possession with intent to distribute marijuana and meth following a search of his vehicle that revealed 450 pounds of marijuana, loaded AR-15 magazines and 154 grams of meth. A 2-level sentencing enhancement was applied for his being an organizer of the activity, as well as a 3-level reduction for acceptance of responsibility, which resulted in a guideline level of 29. However, the 108-month sentence he received reflects the low end of level of 30, requiring review. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 29, 2023, Case #: 22-50787, Categories: drug Offender, immigration, Sentencing
J. Graber denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant's conviction for possessing a controlled substance with intent to deliver was a drug trafficking aggravated felony that made him removable.
Court: 9th Circuit, Judge: Graber, Filed On: November 29, 2023, Case #: 22-1168, Categories: drug Offender, immigration
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sale. Defendant contends he was not apprised of the potential consequences of his plea, but he was specifically informed the plea could lead to deportation both in the written plea deal and in a "lengthy discussion." Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 112041, Categories: drug Offender, immigration, Plea
J. Crothers finds that the district court properly denied an application for post-conviction relief after defendant, a Somalian immigrant, was charged with possession of a controlled substance, possession of drug paraphernalia and driving under suspension. Defendant claims that the court improperly held that he was not prejudiced by his counsel’s failure to advise him of the immigration consequences of a criminal conviction. The court
found defendant had approximately 25 convictions, and he had been warned of the potential immigration consequences of a guilty plea “innumerable times” during arraignments. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: September 28, 2023, Case #: 2023ND181, Categories: drug Offender, immigration
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[Consolidated] J. Jones finds the district court properly convicted the Mexican national for illegal reentry after a previous deportation. The district court denied defendant's request for a jury instruction about duress relating to his claim that he was forced by a drug cartel to smuggle drugs. Defendant did not present evidence supporting each element of duress. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: September 14, 2023, Case #: 21-51125, Categories: drug Offender, immigration, Jury Instructions
J. VanDyke denies a petition for review of the Board of Immigration Appeals’ dismissal of an appeal by an immigrant of an immigration judge’s denial of cancellation of removal. The immigrant has been a lawful permanent resident of the United States since 2003. Since that time, he has been convicted of theft, criminal trespass, DUI and possession of heroin. The agency was correct in deciding that a stop-time rule is calculated from the date the immigrant committed a criminal offense that rendered him removable.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 14, 2023, Case #: 21-1098, Categories: drug Offender, immigration
J. Elrod finds the district court properly denied the lawful permanent US resident’s motion to withdraw her guilty plea on charges of importation of a controlled substance. Though her lawyer told her that if she pleaded guilty it was “very likely” that she would be deported, defendant still received sufficient advice, as required by the Sixth Amendment, to make an informed decision. This is true in spite of the fact that a guilty plea in this circumstance triggered automatic deportation. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: August 29, 2023, Case #: 22-50647, Categories: drug Offender, immigration, Plea
Per curiam, the Fifth Circuit dismisses an El Salvadoran native’s request for review of the Board of Immigration Appeal's order denying his application for withholding of removal and protection under the Convention Against Torture. On the run from the MS-13 gang, the immigrant has illegally entered the U.S. and been removed several times, with the board reinstating previous removal orders. The board’s denial of the application for withholding is not a final order of removal, and the petition for review is untimely because it was filed over 30 days after the reinstatement order became final. The appeal is dismissed for lack of jurisdiction.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-60307, Categories: drug Offender, immigration, Jurisdiction
J. Forrest denies an immigrant's petition for review of a decision of the Board of Immigration Appeals (BIA) in a matter in which the BIA properly denied withholding of removal after the immigrant pleaded guilty to 13 drug-related charges, including possession of cocaine for sale. The BIA also properly denied relief under the Convention Against Torture (CAT) in holding that substantial evidence supported the agency’s determination that the immigrant is unlikely to be tortured because of his California drug convictions.
Court: 9th Circuit, Judge: Forrest, Filed On: June 29, 2023, Case #: 21-70623, Categories: drug Offender, immigration
J. Colloton finds a lower court properly denied a citizen of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on his lawful permanent resident status, which was granted in 2016. However, while residing in the U.S., he was convicted on charges of possession of meth and domestic battery. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 14, 2023, Case #: 22-1655, Categories: drug Offender, immigration, Domestic Violence
J. Richman finds the trial court improperly convicted defendants for possession with intent to distribute of 100 kilograms or more of marijuana. Defendants, as passengers in a vehicle stopped for an unspecified offense, were questioned by DEA when the drugs were found in the car. They gave the same basic story that they were strangers but crossed the border together and flagged down a random car for a ride. They said there were no drugs in the car at first, but that the driver dropped them off at a certain point, saying he would come back. The car was loaded with drugs when he returned. The jury could not reasonably conclude based on this that either passenger was in possession with intent to distribute. Reversed and vacated.
Court: 5th Circuit, Judge: Richman, Filed On: June 7, 2023, Case #: 21-50642, Categories: drug Offender, Evidence, immigration