Wednesday, June 24, 2009

A Practice Guide to Aggravated Felony Issues in the Wake of Nijhawan

The Immigrant Defense Project and National Immigration Project of the National Lawyer's Guild have prepared a paper that you may find useful: The Impact of Nijhawan v. Holder on Application of the Categorical Approach to Aggravated Felony Determinations (June 24, 2009). In it you'll find:
  • a discussion of the background, reasoning, and holding of Nijhawan,
  • strategies for defending aliens facing fraud charges,
  • ways to use Nijhawan to limit the reach of other aggravated felony categories (intriguingly, the paper argues that the Fifth Circuit's position on the subsequent-simple-possession-as-aggravated-felony issue is inconsistent with Nijwahan), and
  • a handy appendix setting out the likely analytical approach (categorical vs. circumstance-specific) for each aggravated felony listed in 8 U.S.C. ยง 1101(a)(43).
Link via Bender's Immigration Daily.

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