The 2023 Florida Statutes (including Special Session C)
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. . . They cite, for example, section 1003.41, Florida Statutes (2017), which sets forth the "core content . . . knowledge and skills that K-12 public school students are expected to acquire." § 1003.41, Fla. . . . statewide, standardized assessment program aligned to the core curricular content" established in section 1003.41 . . .
. . . . § 1003.41, which, Shaw argued, prohibited the use of indictments (and other non-certified court documents . . . that the same documents "shall be admissible as evidence in proving a criminal conviction." 8 C.F.R. § 1003.41 . . . Id. § 1003.41(d). . . . long as such documents "reasonably indicate[ ] the existence of a criminal conviction." 8 C.F.R. § 1003.41 . . . Here, the indictment was proper evidence under 8 C.F.R. § 1003.41(d). . . . . § 1003.41 permit the use of "other evidence that reasonably indicates the existence of a criminal conviction . . . ." 8 C.F.R. § 1003.41(d). . . . stated, "the IJ's acceptance of the records that the Government produced is also a violation of 8 CFR § 1003.41 . . .
. . . . § 1003.41(a)(5). . . .
. . . . § 1003.41, and thus could not provide a basis for his removal under 8 U.S.C. § 1182(a)(6)(E)(i) for . . . See id. at 1197; 8 C.F.R. § 1003.41(d). The petition for review is DENIED. . . .
. . . . § 1003.41(d). 2. . . .
. . . . § 1003.41(d) (in addition to the conviction documents enumerated in the regulation, “[a]ny other evidence . . .
. . . . § 1003.41(d) (in addition to the conviction documents enumerated in the regulation, “[a]ny other evidence . . .
. . . . § 1003.41(a). . . . indicates the existence of a criminal conviction may be admissible as evidence thereof.” 8 C.F.R. § 1003.41 . . . Here, the IJ eonsid-ered both certified documents or records under § 1003.41(a) and “other evidence that . . . F.3d 131, 142 (police report was probative and thus admissible as “other evidence” under 8 C.F.R. § 1003.41 . . .
. . . . § 1003.41. . . . Ann. § 2C:39-4a were properly authenticated within the meaning of 8 C.F.R. § 1003.41. . . .
. . . . § 1003.41. . . . See 8 C.F.R. § 1003.41(c). . . .
. . . . § 1003.41(b) ("attest[ation]” by an immigration officer that a copy is "a true and correct copy of . . . the original”); id. § 1003.41(c) ("certification]” by a DHS official and a state or court official that . . . state's record repository); 8 C.F.R. § 287.6(a) ("attestation] by the" record’s legal custodian); id. § 1003.41 . . .
. . . . § 1003.41(d). . . .
. . . . § 1003.41; Moncrieffe v. . . .
. . . . § 1003.41(a). . . .
. . . . § 1003.41(d). . . .
. . . . § 1003.41(d), the evidence here was insufficient to both shift the burden of proof to Salas-Gomez and . . .
. . . . § 1003.41(d), which provides that in a proceeding before an immigration judge, “[a]ny other evidence . . .
. . . . § 1003.41(a)(5) (same). 3. . . .
. . . . § 1003.41(b), evidence of a criminal conviction includes “[a]ny document or record of the types specified . . . attested in writing by an immigration officer to be a true and correct copy of the original.” 8 C.F.R. § 1003.41 . . . Apart from arguing that the government did not comply with § 1003.41(b), Gonzalez-Mendez does not contend . . .
. . . Section 1003.41, which governs admissible evidence of criminal convictions at proceedings before an immigration . . . “[a]ny other evidence that reasonably indicates the existence of a criminal conviction.” 8 C.F.R. § 1003.41 . . .
. . . . § 1003.41. Furthermore, his conviction constitutes an aggravated felony. . . .
. . . . § 1003.41(a); see also Wala, 511 F.3d at 108. . . .
. . . . § 1003.41(d) (emphasis supplied); it does not authorize the admission of evidence for the purpose of . . .
. . . . § 1003.41. . . . . § 1003.41(d). The Federal Rules of Evidence do not apply in immigration proceedings. Doumbia v. . . .
. . . . § 1003.41(a)(5) (abstract of judgment is admissible to establish fact of conviction); see also Anaya-Ortiz . . .
. . . . § 1003.41(d) (2009); Rosales-Pineda v. . . . . § 1003.41(d), the implementing regulation to 8 U.S.C. § 1229a(c)(3)(B), greatly expanded the range . . .
. . . See 8 C.F.R § 1003.41(a)(4). . . .
. . . . § 1003.41(d) (2008). . . .
. . . . § 1003.41(d). . . . .3d 131, 142 (2d Cir.2006) (holding that BIA did not err in finding police report admissible under § 1003.41 . . . Based on our conclusion that the conviction document was admissible under § 1003.41(d), we need not address . . . Park’s challenge to the legality of § 1003.41(b). . . .
. . . R. 141-42; 8 C.F.R. 1003.41(a). Chambers was convicted under New Jersey Stat. . . .
. . . . § 1003.41. . . .
. . . . § 1003.41. . . .
. . . . § 1003.41(a)(6). Further, contrary to Mr. . . .
. . . . § 1003.41(a)); 8 C.F.R. § 1003.41(a) (elaborating on evidence admissible to prove a conviction). . . . .
. . . . § 1003.41. . . . based were not properly certified under 8 U.S.C. §§ 1229a(c)(3)(B) and (C), or 8 C.F.R. §§ 287.6 and 1003.41 . . . Citing 8 U.S.C. §§ 1229a(c)(3)(B) and (C), and 8 C.F.R. §§ 287.6 and 1003.41, Mr. . . . shall be evidenced ... by a copy attested by the official having legal custody of the record”); id., § 1003.41 . . . properly certified under the requirements of 8 U.S.C. § 1229a(c)(3)(B), as well as 8 C.F.R. §§ 287.6 and 1003.41 . . .
. . . . § 1003.41(a)(5); Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1195-97 (9th Cir.2006). . . .
. . . . § 1003.41 (2003)). . . .
. . . . § 1003.41(d). . . . admission of evidence for the sole purpose of proving “the existence of a criminal conviction,” 8 C.F.R. § 1003.41 . . . government also asserts that the PSI Report is part of the record of conviction by virtue of 8 C.F.R. § 1003.41 . . .
. . . . § 1003.41(a) and that regulation also does not identify rap sheets. . . . . § 1003.41(d) greatly expands the range of documents that may be used as proof of a conviction by authorizing . . . in this case “reasonably indicated the existence of a criminal conviction,” pursuant to 8 C.F.R. § 1003.41 . . .
. . . a criminal conviction.” 8 C.F.R. § .1003.41. . . . But the regulations include an additional provision, 8 C.F.R. § 1003.41(d), which has no counterpart . . . in the federal statute. 8 C.F.R. § 1003.41(d) states: “Any other evidence that reasonably indicates the . . . The regulations thus do allow rap sheets to be admitted under 1003.41(d), but the commentary suggests . . . The Jamaican police report was thus admissible under 8 C.F.R. § 1003.41(d) against Francis, but, without . . .
. . . .” § 1003.41, Fla. Stat. (2005). . . .
. . . . § 1003.41(d) which provides that “[a]ny other evidence that reasonably indicates the existence of a . . .
. . . As an initial matter, § 1003.41(c) applies only to documents “submitted by electronic means to the Service . . . Section 1003.41(b) specifies that the certification requirement is satisfied if a copy of a record is . . . Agent Robert Kennedy is an immigration officer capable of certifying a record of conviction under § 1003.41 . . . The IJ therefore correctly concluded that the certification of conviction satisfied § 1003.41(b). 2. . . . Section 1003.41 was formerly codified at 8 C.F.R. § 3.41 (2002). . . .
. . . . § 1003.41 (2003) (limiting type of documents upon which IJ may rely to prove criminal conviction); . . .
. . . . § 1003.41(a). . . .
. . . . § 1003.41(d) (“Any ... evidence that reasonably indicates the existence of a criminal conviction may . . .