Lyons v. Pearce 298 Or.554, 694 P.2d 969 (1985)
Washington
State of Washington v. Little Fair
Wash.App.749, 51 P.3d 116
Ninth Circuit
U.S. v. Kwan 407 F.3d 1005 (9th Circuit 2005)
Tokalty v. Ashcroft
371 F.3d 613 (2004)
Singh v. Ashcroft 386 F.3d 1228 (9th Circuit 2004) punishing, intentionally harassing or annoying
another person by subjecting that person to offensive
physical contact is not a crime of violence and therefore
not a crime of domestic violence for immigration purposes,
since the force required to commit the offense, including
spitting, is not necessarily “violent” force.
Cardenas-Uriarte v. INS (Expungement Issue)
227 F3d 1132 (9th Cir. 2000)
Wiedersperg v. INS 896 F.2d 1179 (1990) Ninth
Circuit ordered Legal Permanent Resident to be returned to
the United States after conviction upon which his
deportation was based was vacated.
New Mexico
State of New Mexico vs Paredez, 136 NM 533,
101 P3d 799 (2004)
Second Circuit U.S. vs.Couto
311 F. 3d 179, 181 (2nd 2002)
An alien found guilty of a "violation" under Oregon law does not have a
conviction for immigration purposes. Oregon violations are not crimes...
concluded the Board of Immigration Appeals (BIA). In Eslamizar
23 I&N Dec.684 (BIA) 2004 Int. Dec 3502. Mr. Brian Conry represented Eslamizar.
It is affirmative misadvice to tell an Immigrant Defendant that if convicted of
an Aggravated Felony, he “may” be deported.
The Oregon Court of Appeals
(2004) ruled in Gonzalez
vs State of Oregon
that it is ineffective assistance of counsel to advise an immigrant defendant he
"may" be deported when in fact it is a legal requirement that he must be
deported
NINTH CIRCUIT COURT WINS
The Court of Appeals held that the failure of defense counsel to inform
defendant, a legal permanent resident of immediate immigration consequences of
her guilty plea to was ineffective assistance of counsel warranting habeas
corpus relief reversed and remanded, United States vs. Wang 2003
(WL 23095954 (9thCir.(Cal.)) also Kwan (Legal permanent resident
received Coram Nobis relief with a valid reason for attacking conviction existed
due to attorney’s flawed immigration advice) 407 F.3d 1005 (9th Circuit 2004)
