In a dissent from a Ninth Circuit denial of en banc review in Lopez-Rodriguez v. Holder, case no. 06-70868 (9th Cir. Aug. 7, 2008, r’hng en banc denied March 27, 2009), a case concerning the application of the exclusionary rule to civil deportation proceedings, Judge Bea authors an opinion that puts his view of the panel decision — specifically,the reasoning by which the panel reached its decision — rather bluntly. In [INS v. Lopez-]Mendoza [, 468 U.S. 1032 (1984)], the Supreme Court clearly held the exclusionary rule does not apply to bar illegally procured evidence from admission in a deportation hearing. Mendoza, 468 U.S. at 1050 (holding that the “balance between costs and benefits comes out against…
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Be Careful with those Plea Agreements
Be very, very careful with the language of your plea agreement. After all, it’s a contract, and deserves the same careful consideration before entering into it. You might live to regret it, even if it takes 20 years for it to catch up with you, as happened to the defendant in People v. Paredes, case no. D050150 (4th Dist. Feb. 26, 2008). Paredes, a legally resident alien, pleaded guilty to voluntary manslaughter in 1987 in part because the prosecutor agreed to a “JRAD” — a judicial recommendation against deportation — that, under 1987 federal law, precluded the government from removing him from the country on the basis of the conviction.…
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Half a Primer on Moral Turpitude Analysis
In Cerezo v. Mukasey, case no. 05-74688 (9th Cir. Jan. 14, 2008), the issue before the court is whether a violation of California Vehicle Code § 20001(a) (leaving the scene of an accident resulting in bodily injury or death) is categorically a crime involving moral turpitude for purposes of 8 U.S.C. § 1227(a)(2)(A)(ii). In concluding it is not, the court walks the reader through the standards for a “categorical approach” to analysis of the issue. When a court fails to find moral turpitude through the categorical approach, its next step is to examine the issue under the “modified categorical” approach. Unfortunately, the court has to cut its modified categorical analysis…