Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
In Moncrieffe v. Holder , the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.
Why it matters
Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Crimes; review the source material for the most current authority and procedure.
Topics
Crimes and categorical approach
Workflows
BIA, PFR, and federal court
Crim-imm screening
Forums
Court of appeals
Jurisdictions
9th Circuit