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Embezzlement Constitutes Aggravated Felony under Immigration Law, and Civil Rights and Securities Matters

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By FindLaw Staff on June 30, 2010 2:30 PM

Carlos-Blaza v. Holder, No. 07-70632, involved a petition for review of the immigration judge's order removing petitioner from the U.S. as an aggravated felon pursuant to 8 U.S.C. section 1227(a)(2)(A)(iii).  The court of appeals denied the petition on the ground that a bank employee who "knowingly stole, embezzled, and misapplied moneys" in the amount of $65,000 committed a crime that "involves fraud or deceit."

In re: Cutera Sec. Litig., No. 08-17627, involved a fraud-on-the-market suit claiming that Cutera, Inc. provided false and misleading revenue projections and failed to disclose material information about the shortcomings of Cutera's sales staff.  The court of appeals affirmed the dismissal of the complaint on the grounds that 1) alleged incomplete disclosures about Cutera's sales force were not material omissions made in violation of the securities laws; and 2) Cutera's earnings projections fall within the statutory safe harbor for forward-looking projections under the Private Securities Litigation Reform Act.

Seaton v. Mayberg, No. 05-56894, concerned an action claiming that defendants violated plaintiff's constitutional right to privacy by allowing psychologists to look at his records and to communicate their opinions and supporting data to the district attorney's office regarding plaintiff's civil commitment.  The Ninth Circuit affirmed the dismissal of the complaint, holding that prisoners did not have a constitutionally protected expectation of privacy in prison treatment records when the state had a legitimate penological interest in access to them.

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