About Me

My photo
Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

Translate

Tuesday, June 17, 2014

United States v. Aguilera-Rios


Defendant's argument on appeal--that his prior removal order was invalid under Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), because it was based on conviction of a state weapons crime that was not a categorical match for a federal aggravated felony--was not waived where the removal was ordered prior to Moncrieffe. Court of appeals may retroactively consider Moncrieffe in evaluating whether defendant was removable as charged. Because California Penal Code Sec. 12021(c)(1) does not have an antique firearms exception, and California prosecutes offenses involving antique firearms, a conviction under that statute is not a categorical match for the federal aggravated felony firearms offense, and underlying removal order was invalid.

For more information contact us at:

No comments: