Capsule updates to CMT book

CRIMES OF MORAL TURPITUDE " POSSESSION OF A WEAPON

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.

CONVICTION " NATURE OF CONVICTION " CATEGORICAL ANALYSIS " REALISTIC PROBABILITY OF PROSECUTION

United States v. Burgos-Ortega, ___ F.3d ___, 2015 WL 468186 (9th Cir. Feb. 5, 2015) (Washington conviction for delivery of heroin, in violation of Revised Code of Washington 69.50.401(a)(1)(i) [manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.], was categorically a felony drug trafficking offense for illegal reentry sentencing purposes, rejecting an argument that conduct that falls under deliver in the state statute is broader than distribute in 21 U.S.C.

JUDICIAL REVIEW " CHOICE OF LAW WHERE IMMIGRATION JUDGE IS LOCATED IN DIFFERENT CIRCUIT THAN THE IMMIGRANT

Medina-Rosales v. Holder, ___ F.3d ___, ___, 2015 WL 756345 (10th Cir. Feb. 24, 2015) (where the immigrant and counsel are located in a circuit different from that in which the immigration judge conducts the hearing, the governing law is that of the circuit in which the immigration judge is located: The charging document establishes the hearing location, regardless of the location of the IJ and the holding of a video conference hearing.).

RELIEF " WAIVERS " INA 212(h) WAIVER " AGGRAVATED FELONY BAR

Medina-Rosales v. Holder, ___ F.3d ___, 2015 WL 756345 (10th Cir. Feb. 24, 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).

OVERVIEW " REMOVAL PROCEEDINGS " REINSTATEMENT

Luna-Garcia v. Holder, __ F.3d __ (10th Cir. Feb. 10, 2015) (if a noncitizen seeks reasonable fear proceedings following reinstatement of a prior order of removal, the reinstated order is not final until the reasonable fear proceedings are complete).

CONVICTION " CATEGORICAL ANALYSIS " DIVISIBLE STATUTE

Matter of Chairez, 26 I&N Dec. 478 (BIA 2015) (Chairez II) (Chairez Is interpretation of the divisibility standard used in the modified categorical analysis " adopting the Supreme Courts view in Descamps v. United States, 133 S. Ct. 2276 (2013), will only apply in circuits that have not explained how they understand divisibility after Descamps was decided; therefore, the test for when a statute is divisible will have to be litigated on a circuit-by-circuit basis); clarifying Matter of Chairez, 26 I&N Dec.

JUDICIAL REVIEW " PETITION FOR REVIEW " MOTION TO CONTINUE

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (BIA abused discretion in denying motion to continue by failing to consider factors articulated in Matter of Hashmi: neither the IJ nor the BIA assessed whether Flores's wife's I"130 Petition was prima facie approvable, but instead considered the petition had actually been approved); citing Matter of Hashmi, 24 I. & N. Dec.

RELIEF " WAIVERS " INA 212(h) " AGGRAVATED FELONY BAR

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (noncitizen convicted of aggravated felony not barred from 212(h) relief, since he had not previously been admitted at a lawful permanent resident), following Matter of Michel, 21 I. & N. Dec. 1101, 1104 (BIA 1998) (Section 212(h) of the Act, while specifically precluding waiver eligibility for a lawful permanent resident who has been convicted of an aggravated felony, imposes no such restriction on one who has not been admitted previously as a lawful permanent resident.).

CONVICTION " CATEGORICAL ANALYSIS " DIVISIBLE STATUTE

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (rejecting government argument that the agency is not bound to follow Descamps on the basis that the case arose in the sentencing context; the BIA is bound to apply divisibility consistently with the individual circuits' interpretation of divisibility under Descamps.); following In re Chairez"Castrejon, 26 I. & N. Dec. 349, 354 (BIA 2014); accord, Kaufmann v. Holder, 759 F.3d 6, 8"9 (1st Cir.2014); Aguilar"Turcios v. Holder, 740 F.3d 1294, 1301"02 (9th Cir.2014); Donawa v. U.S. Attorney Gen., 735 F.3d 1275, 1280 n.

CRIMES OF MORAL TURPITUDE " CORPORAL INJURY OF A SPOUSE

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov.

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