Capsule updates to CMT book

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Guzman v. Attorney General U.S., 770 F.3d 1077 (3d Cir. Nov. 3, 2014) (the stop-time rule, as enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104"208, div. C., 110 Stat. 3009 (1996) (IIRIRA) (effective April 1, 1997), codified at INA 240A(d)(1), 8 U.S.C.

WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE

Jaghoori v. Holder, 772 F.3d 764 (4th Cir. Nov. 18, 2014) (stop-time rule for cancellation of removal does not apply retroactively against convictions where offense and guilty plea occurred before April 1, 1997, the effective date of the legislation by which Congress promulgated the rule in INA 240A(d)(1)(B), 8 U.S.C.

RELIEF " DEFERRED ACTION " DEFERRED ACTION FOR CHILDHOOD ARRIVALS EXPANDED " DEFERRED ACTION FOR PARENT ACCOUNTABILITY ANNOUNCED

On Nov. 20, 2014, President Obama announced that he will provide immediate relief for many of those impacted by our broken immigration system, and he is offering Congress an architecture for permanent reforms to the immigration laws. http://www.dhs.gov/immigration-action

Under the new policies, the DHS will augment the successful Deferred Action for Childhood Arrivals (DACA) program by providing temporary relief for the parents of U.S. Citizens and lawful permanent residents. The new program, to be called Deferred Action for Parent Accountability (DAPA), will ensure that millions of U.S.

RELIEF " NACARA " GOOD MORAL CHARACTER

Agragon-Salazar v. Holder, __ F.3d __ (9th Cir. Oct. 2, 2014) (seven year good moral character period ends on the date of filing the application; false statement made after date of filing NACARA application does not bar good moral character).

NOTE: This decision also discusses the issue of which, of two, submitted applications should be considered for determining the date of filing for GMC purposes.

POST CON RELIEF " CONVICTION VACATED SOLELY FOR REHABILITATIVE REASONS

Sutherland v. Holder, 769 F.3d 144 (2d Cir. Oct. 8, 2014) (Arizona conviction for attempted possession for sale of four or more pounds of marijuana was vacated by an Arizona state court, but remains valid for federal immigration and removability purposes, since the order vacating the conviction was obtained under Arizona Revised Statutes 13-907 solely for rehabilitative reasons).

INADMISSIBILITY " VISA FRAUD " SUFFICIENCY OF THE EVIDENCE

Yang v. Holder, 770 F.3d 294 (4th Cir. Oct. 29, 2014) (BIA erred in finding that petitioner was inadmissible under 8 U.S.C. 1182(a)(6)(C)(i), since the record lacked substantial evidence to support a determination that noncitizen made deliberate and voluntary misrepresentations to procure an immigration benefit, even though Immigration Judge found noncitizens testimony regarding asylum claim was not credible).

CRIMES OF MORAL TUPRITUDE " RECKLESS DISREGARD

Avendano v. Holder, 770 F.3d 731 (8th Cir. Oct. 27, 2014) (Minnesota conviction of making terroristic threats, in violation of Minn.Stat. 609.713(1) [threatening to commit a crime of violence in reckless disregard of the risk of causing terror in his girlfriend], is categorically a crime of moral turpitude, where, as here, Recklessness requires deliberate action in disregard of a known, substantial risk.); citing Matter of Louissaint, 24 I. & N. Dec.

CRIMES OF MORAL TURPITUDE " FORGERY

Espino-Castillo v. Holder, ___ F.3d ___, 2014 WL 5462309 (9th Cir. Oct. 29, 2014) (Arizona conviction of forgery, in violation of Arizona Revised Statutes 13-2002, is categorically a crime involving moral turpitude because the statute requires fraudulent intent; Beltran-Tirado v. INS, has not been applied to a state statute); discussing Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir.

CRIMES OF MORAL TURPITUDE " FRAUD " CRIMINAL IMPERSONATION

De Martinez v. Holder, ___ F.3d ___, 2014 WL 5394445 (9th Cir. Oct. 24, 2014) (per curiam) (Arizona conviction of criminal impersonation, in violation of Arizona Revised Statutes 13"2006(A)(1), is categorically a crime involving moral turpitude, because the statute explicitly requires proof of fraudulent intent).

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