Categorical analysis. The U.S. Supreme Court affirmed and clarified the categorical analysis as set out in Descamps. See Mathis v U.S. (2016) ___ US ___, 136 S Ct 2243. See chap 3.
The Board of Immigration Appeals (BIA) accepted that the divisibility analysis embodied in Descamps and Mathis applies in immigration proceedings nationwide. Matter of Chairez-Castrejon (BIA 2016) 26 I&N Dec 819. See chap 3.
Immigration detention. Although most county jails will not honor Immigration and Customs Enforcement (ICE) holds, they will cooperate with ICE notification requests for inmate release dates. Like ICE holds, notification requests are merely requests—not commands—and local agencies are free to decide whether to honor them. See chap 4.
ICE warrants. ICE warrants are not constitutionally valid; they are for civil immigration arrests and local law enforcement agencies, which lack authority to arrest or detain individuals for civil immigration violations. See chap 4.
TRUTH Act. The TRUTH Act sets forth the responsibilities of local law enforcement officials acting as jailers. Jailers must provide inmates with an interview consent form before ICE interviews an inmate; provide the inmate with a copy of an ICE hold, notification, or transfer request; advise the inmate whether they intend to comply with the ICE request; and notify the inmate if they have provided ICE with the inmate’s release date. See chap 4.
Sexual battery. A juvenile adjudication of Pen C §243.4, sexual battery, is not a prior conviction disqualifying a defendant from Proposition 47 consideration even though, as an adult offense, it requires sex registration and is disqualifying for Proposition 47 relief. People v Zamora (2017) 11 CA5th 728. See chap 20.
Theft offenses involving moral turpitude. The BIA has departed from a bright-line rule—that theft crimes involve moral turpitude only when there is the intent to permanently deprive an owner of property—to include theft crimes “under circumstances where the owner’s property rights are substantially eroded.” Matter of Diaz-Lizarraga (BIA 2016) 26 I&N Dec 847. See chap 13.
Misdemeanor sentences. Penal Code §18.5, defining a misdemeanor sentence as 364 days (less than the definition of “one year” for immigration purposes), has been made retroactive as of January 1, 2017. Noncitizens may now apply to modify their sentences to 364 days. See chap 20.
Standard advisement. Receipt of the standard statutory advisement that a criminal conviction “may” have adverse consequences (Pen C §1016.5) does not bar a defendant from seeking to withdraw his or her plea for good cause pursuant to Pen C §1018. People v Patterson (2017) 2 C5th 885. See chap 20.
Post-conviction relief. Penal Code §1473.7 provides a new statutory vehicle for vacating prior convictions and sentences on immigration grounds that has no custody requirement or time limit. See chap 20.