Mena-Flores v. Holder, ___ F.3d ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (the reviewing court evaluates immigration agency credibility determinations under the abuse of discretion standard); citing Elzour v. Ashcroft, 378 F.3d 1143, 1150 n. 9 (10th Cir. 2004); see United States v. Aguayo"Delgado, 220 F.3d 926, 934"35 (8th Cir. 2000) (holding that the evidence was sufficient to convict beyond a reasonable doubt when the evidence consisted mainly of testimony by other participants in drug transactions, even though there were questions about the reliability and consistency of the accounts).

Mena-Flores v. Holder, ___ F.3d ___, ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (The agency abused its discretion if it failed to give a rational explanation, inexplicably deviated from past policies, failed to supply any reasoning, or rested on summary or conclusory statements. Infanzon v. Ashcroft, 386 F.3d 1359, 1362 (10th Cir.2004).).

Husic v. Holder, ___ F.3d ___, 2015 WL 106359 (2d Cir. Jan. 8, 2015) (the aggravated felony bar to eligibility for a waiver of inadmissibility under INA 212(h), applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States); but see Matter of Koljenovic, 25 I&N Dec. 219 (2010).

Note: With this decision, the Second Circuit joins the seven other Courts of Appeal"an overwhelming majority"to have rejected Matter of Koljenovic. To date, the Eighth Circuit stands alone in upholding the BIAs decision.

Matter of Hernandez, 26 I. & N. Dec. 464 (BIA 2015) (Texas conviction of "deadly conduct" in violation of Texas Penal Code 22.05(a), which punishes a person who "recklessly engages in conduct that places another in imminent danger of serious bodily injury," is categorically a crime involving moral turpitude), relying upon Matter of Leal, 26 I&N Dec. 20 (BIA 2012), affd, 771 F.3d 1140 (9th Cir. 2014).

Prasad v. Holder, __ F.3d __ (4th Cir. Jan. 12, 2015) (April 30, 2001 deadline for submitting visa petition under INA 245(i), is not subject to equitable tolling).

In an EOIR Newsletter, an article describes the difference in immigration consequences between a conviction vacated on a ground of legal invalidity, and one expunged solely for purposes of rehabilitation or to avoid immigration consequences:

The expungement of a record of conviction is [t]he removal of a conviction (esp. for a first offense) from a persons criminal record. Blacks Law Dictionary 621 (8th ed. 2004). A vacatur is [t]he act of annulling or setting aside [or a] rule or order by which a proceeding is vacated. Id. at 1546.

Pan v. Holder, ___ F.3d ___, 2015 WL 304199 (2d Cir. Jan. 26, 2015) (granting petition for review of Immigration Judges denial of applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture, where the IJ and BIA failed to adequately explain why the significant violence petitioner suffered was insufficiently egregious to constitute persecution; and failed to consider record evidence, which tended to prove that the Kyrgyz police and unwilling or unable to protect petitioner from private persecutors).

Hernandez-Gonzalez v. Holder, ___ F.3d ___, ___, 2015 WL 618776 (9th Cir. Feb.

Hernandez-Gonzalez v. Holder, ___ F.3d ___, 2015 WL 618776 (9th Cir. Feb. 13, 2015) (California conviction for a violation of Penal Code 12020(a)(1) for possession of a billy club, does not constitute a crime involving moral turpitude).

Navarro"Lopez v. Gonzales, 503 F.3d 1063, 1072 (9th Cir. 2007) (en banc) (No court has ever found possession of a weapon to be a crime involving moral turpitude.), overruled on other grounds by United States v. Aguila"Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc), abrogated by Descamps v. United States, 133 S.Ct. 2276 (2013); Matter of Serna, 20 I. & N. Dec.