Deportation

Question 1

Deportation is __

Answer 1

the power to remove those already admitted

Question 2

Exclusion is ___

Answer 2

removing those not admitted

Question 3

Deportation has ___ than inadmissibility

Answer 3

narrower

Question 4

INA 237 unlike INA 212 explicitly permits __ to remove consequences

Answer 4

pardons

Question 5

Unlike 212, ____ is not enough to deport you need __

Answer 5

admission of crime, actual conviction

Question 6

Immigration violations that lead to deportability

Answer 6

• visa violations
• smuggling noncitizens
• false claims of citizenship

Question 7

You can deport LPRs even if ___

Answer 7

already served their sentence

Question 8

Example of broadness of smuggling of noncitizens

Answer 8

giving cousin money to come with peyote

Question 9

Most common form of deportation ground is ____ because__

Answer 9

immigration violation, easier to prove

Question 10

Under the Fleuti doctrine, an LPR that ____ will not be treated as an entry

Answer 10

leaves US for trip brief, causal and innocent

Question 11

Max time before no longer brief visit under INA

Answer 11

180 days

Question 12

Fleuti court emphasizes that he is ___

Answer 12

LPR (pushing back on FYT, already here so more protection)

Question 13

Fleuti entry mattered because ___

Answer 13

in meantime new law had passed making being gay inadmissibility ground but only applies if making entry

Question 14

Padilla facts

Answer 14

LPR for 40 years pleads guilty to large possession of marijuana on advice of lawyer who said not to worry because had been in country so long

Question 15

Padilla says defense counsel has duty to __

Answer 15

provide affirmative accurate advice under 6th amendment if the law is clear

Question 16

Padilla says effective counsel is not just about ____ because ___

Answer 16

avoiding misinformation, don’t want silence even when the law is clear

Question 17

Padilla court recognized that immigration is ___

Answer 17

different from other collateral consequences (push back on FYT)

Question 18

Padilla court didn’t reach issue of ___

Answer 18

prejudice

Question 19

Alito concurrence in Padilla says that __

Answer 19

just have duty to not to provide incorrect info and must say may carry immigration consequences so contact immigration attorney

Question 20

It is an open question whether attorneys have to plea bargain for __

Answer 20

immigration safe outcomes

Question 21

Lee held that losing the ability to go to trial ___

Answer 21

is prejudice itself (even if not likely to win)

Question 22

Deportability and CIMT

Answer 22

within 5 years of admission + convicted of crime for which 1+ year sentence may be imposed

Question 23

Unlike CIMT, aggravated felonies __

Answer 23

have no time cut off

Question 24

Ag fels create ___

Answer 24

mandatory removal

Question 25

___ is irrelevant to most ag fels

Answer 25

Sentencing

Question 26

Ag fels are ineligible for ___

Answer 26

most relief from removal (including discretionary relief from AG)

Question 27

Ag fels are __

Answer 27

crime committed anytime after admission defined by the statute

Question 28

What is the categorical approach

Answer 28

compare elements of state offense to federal category

Question 29

If a state crime _____ , then it is not a categorical match

Answer 29

encompasses broader swath of conduct than the federal

Question 30

In Descamps, the CA statute for burglary ____

Answer 30

was more broad (included lawful and unlawful entry) so no imm consequences

Question 31

Fed offense: Any offense involving theft of fries in a restaurant
State offense: Steal spouses’ fries from plate in diner

Answer 31

Match

Question 32

Fed offense: Any offense involving theft of fries in a restaurant
State offense: steal spouse’s fries

Answer 32

No (judge can’t see where stole fries and could’ve been elsewhere)

Question 33

Fed offense: Any offense involving theft of fries in a restaurant
State: Steal or threaten to steal fries in a diner

Answer 33

match only if A and judge can look at criminal record solely to see which one convicted under

Question 34

The categorical approach does not consider ___

Answer 34

facts of individual conduct

Question 35

The modified categorical approach applies if ___

Answer 35

clearly dilineated alternatives in state statute (not just any series of things)

Question 36

What is the realistic probability test

Answer 36

to determine if state statute actually overbroad ask if states actually prosecuting that way

Question 37

Rationale for categorical approach

Answer 37

• sometimes crime happened years ago
• no mandatory counsel + detained while waiting for removal so hard to gather evidence
• no relitigation of past convictions in mini-trials

Question 38

First step of categorical approach

Answer 38

Examine federal removal law
- is it generic offense/ what are elements
- no need if removal refers to specific federal law

Question 39

Second step of categorical approach

Answer 39

examine state statute for minimum conduct for which realistic probability conviction under the statute may occur

Question 40

Some removal grounds are exempt from categorical approach and instead have __

Answer 40

circumstances specific approach

Question 41

In cases involving ___ can look at facts

Answer 41

> 10K loss in fraud, less than 30grams marijuana

Question 42

For domestic violence cases whether ag fel depends on ___

Answer 42

nature of relationship (domestic)

Question 43

Moncrieffe held that if noncitizen’s conviction for marijuana fails to ____

Answer 43

establish that it involved remuneration or more than small amount of marijuana not an ag fel

Question 44

Illegal trafficking in controlled substance is a ___ crime

Answer 44

generic

Question 45

Court elements for illegal trafficking in controlled substance

Answer 45

• proscribe conduct that is offense under CSA
• CSA must proscribe felony punishment for that conduct

Question 46

Escaping an ag fel only means ___

Answer 46

avoiding mandatory removal (may still be removed)

Question 47

If grounds for removal not ag fel then __

Answer 47

may seek relief for removal

Question 48

Mellouli holding

Answer 48

Didn’t trigger removal because state law not confined to federally controlled substances