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.

RELIEF " WAIVER " FRAUD

Acquaah v. Sessions, 874 F.3d 1010 (7th Cir. Nov. 6, 2017) (BIA erred in determining noncitizen was ineligible for fraud waiver under INA 1227(a)(1)(H), which waives not only a charge formally based on fraud, but also any grounds of inadmissibility directly resulting from such fraud or misrepresentation.).

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).

CRIMES OF MORAL TURPITUDE " HIT AND RUN

Conejo Bravo v. Sessions, 875 F.3d 890 (9th Cir. Nov.17, 2017) (California conviction of hit and run, under Vehicle Code 20001(a), is under a divisible statute; the record established that noncitizen failed to render aid, which is a crime of moral turpitude); see Garcia-Maldonado v. Gonzales, 491 F.3d 284, 290 (5th Cir. 2007) (holding that Texas hit and run law qualifies as a CIMT, as "the failure to stop and render aid after being involved in an automobile accident is the type of base behavior that reflects moral turpitude").

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).

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