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.

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).

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).

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.

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.

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).

Gary Mead ICE Memorandum on strategic use of expedited removal.
http://www.dhs.gov/news/2011/05/24/statement-gary-mead-executive-associa...

Castaneda v. Souza, ___ F.3d ___, ___, 2014 WL 4976140 (1st Cir. Oct. 30, 2014) (Avoidance of constitutional doubt is a cardinal principle of statutory interpretation. Zadvydas, 533U.S. at 689 (quoting Crowell v. Benson, 285 U.S. 22, 62, (1932) (internal quotation marks omitted)). As the Supreme Court has explained countless times, when an Act of Congress raises a serious doubt as to its constitutionality, this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided. Id. (quoting Crowell, 285U.S.

Castaneda v. Souza, ___ F.3d ___, ___, 2014 WL 4976140 (1st Cir. Oct. 30, 2014) (Since Justice Kennedys vote was necessary to the majority, his limiting rationale is binding on us.4 fn4 See Bruno & Stillman, Inc. v. Globe Newspaper Co., 633 F.2d 583, 594-95 (1st Cir. 1980) (construing the Supreme Courts 5-4 decision in Branzburg v. Hayes, 408 U.S. 665 (1972), to be limited by the concurring opinion of Justice Powell); accord, e.g., United States v. Smith, 135 F.3d 963, 968-69 (5th Cir. 1998); see also United States v. District of Columbia, 654 F.2d 802, 806-07 (D.C. Cir.