Capsule updates to CMT book

CATEGORICAL ANALYSIS " DIVISIBILITY " BURDEN " DEPUBLISHED DECISION

Marinelarena v. Sessions, 869 F.3d 780 (9th Cir. 2017) (Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc), holding that a noncitizen cannot meet burden of demonstrating eligibility for cancellation of removal by establishing an inconclusive record, is not irreconcilable with Moncrieffe v. Holder, 133 S.Ct. 1678 (2013), or Descamps v. United States, 133 S.Ct. 2276 (2013), and so remains good law), will be re-heard en banc. The prior decision shall not be cited as precedent.

CATEGORICAL ANALYSIS " DIVISIBILITY " BURDEN " DEPUBLISHED DECISION

Marinelarena v. Sessions, 869 F.3d 780 (9th Cir. 2017) (Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc), holding that a noncitizen cannot meet burden of demonstrating eligibility for cancellation of removal by establishing an inconclusive record, is not irreconcilable with Moncrieffe v. Holder, 133 S.Ct. 1678 (2013), or Descamps v. United States, 133 S.Ct. 2276 (2013), and so remains good law), will be re-heard en banc. The prior decision shall not be cited as precedent.

JUDICAL REVIEW " RES JUDICATA

Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017) (res judicata does not apply to removal proceedings involving the same respondent in the same immigration status, the same conviction, and the same underlying facts, as long as ICE has charged the noncitizen under a different aggravated felony category than the aggravated felony category charged in the initial proceedings; because the legal theory is different, the operative facts are also different; Congresss intent to deport aggravated felons overcomes any reasoning behind the concept of res judicata), disagreeing with Bravo-Pedroza v.

EFFECTS OF REMOVAL

The Deported: Immigrants Uprooted from the Country They Call Home
https://features.hrw.org/features/the_deported/index.html
Human Rights Watch report on immigration arrests and deportations in 2017, details of the human impact of removal on undocumented immigrants, their families, and their communities. The report draws on 43 interviews with long-term immigrants deported since 2016.

JUDICIAL REVIEW " IMMIGRATION JUDGES MAY EXERCISE ATTORNEY GENERALS POWERS OVER IMMIGRATION " U-VISA

Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. Oct. 6, 2017) (neither the INA nor the regulations explicitly limit powers of Immigration Judges to conduct only actions the Attorney General has specifically delegated; Immigration Judges may exercise all the Attorney Generals powers over immigration, including granting a temporary waiver of inadmissibility under INA 212(d)(3) to allow a noncitizen to pursue a U-Visa), reaffirming L.D.G. v. Holder, 744 F.3d 1022
(7th Cir. 2014), and overruling Matter of Khan, 26 I. & N. Dec. 797 (2016).

RELIEF " VAWA

Matter of Pagan-Sis 27 I&N Dec. 130 (BIA 2017) (noncitizen seeking waiver under INA 212(a)(6)(A)(ii) must satisfy all three subclauses of that section, including the requirement that the noncitizen be a VAWA self-petitioner).

JUDICIAL REVIEW " WAIVER OF ISSUES

Lowe v. Sessions, 872 F.3d 713 (5th Cir. Oct. 5, 2017) (noncitizen waived claim of ineffective assistance of counsel by failing to brief the issue on appeal to the BIA).

RELIEF " ASYLUM " REINSTATEMENT

Garcia v. Sessions, __ F.3d __ (7th Cir. Oct. 11, 2017) (noncitizen subject to reinstatement of removal is barred by INA 241(a)(5) from applying for asylum).

RELIEF " WAIVERS " JUDICIAL REVIEW " DISCRETIONARY DECISIONS

Asentic v. Sessions, 873 F.3d 974 (7th Cir. Oct. 17, 2017) (court lacks jurisdiction to review discretionary denial of fraud waiver under INA 237(a)(1)(H)).

RELIEF " NON-LPR CANCELLATION OF REMOVAL " PETTY OFFENSE EXCEPTION

Lucio-Rayos v. Sessions, 875 F.3d 573 (10th Cir. Nov. 14, 2017)(assumed moral turpitude conviction disqualified respondent from eligibility for discretionary cancellation of removal, and qualifying for the petty offense exception to moral turpitude inadmissibility would not change this result); following In re Cortez Canales, 25 I&N Dec. 301, 303-04 (BIA 2010); see also Mancilla-Delafuente v. Lynch, 804 F.3d 1262, 1265-66 (9th Cir. 2015); Hernandez v. Holder, 783 F.3d 189, 191-96 (4th Cir. 2015).

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