AILA Files Brief of Amici Curiae in Case Challenging Silva-Trevino
http://www.aila.org/content/default.aspx?docid=35283
Brief of amici filed in the 4th Circuit case, Waheed v. Holder, urges the court to reject the Silva-Trevino framework for determining whether a conviction constitutes a crime involving moral turpitude and reaffirm the importance of the categorical approach. AILA Doc. No. 11050331.

The Supreme Court recently granted certiorari in a case challenging the BIA's 212(c) decisions Matter of Blake and Matter of Brieva. In Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005), the BIA ruled that individuals who pled guilty to a crime of violence or sexual abuse of a minor aggravated felony are categorically ineligible for 212(c) relief, even if the offense would have made them inadmissible had they departed the country and presented themselves for readmission at the border.

P. Henning & L. Radek, THE PROSECUTION AND DEFENSE OF PUBLIC
CORRUPTION: THE LAW AND LEGAL STRATEGIES (Oxford U. Press, May, 2011).

Pannu v. Holder, ___ F.3d ___, 2011 WL 1782959 (9th Cir. May 11, 2011) (remand to BIA to review issue of whether California conviction of failure to register as a sex offender, Penal Code 290(g)(1), categorically constituted a crime of moral turpitude), citing Plasencia-Ayala v. Mukasey, 516 F.3d 738, 743 n.2, 747 (9th Cir. 2008) (Nevada conviction for failure to register as a sex offender under a similar law (Nev. Rev. Stat.

Zheng v. Holder, __ F.3d __, 2011 WL 1709849 (9th Cir. May 6, 2011) (BIA erred in failing to consider respondents significant service to the community as a positive factor, separate from rehabilitation, in determining whether to grant relief as a matter of discretion).

Frederick v. Holder, ___ F.3d ___, 2011 WL 1642811 (7th Cir. May 3, 2011) (Illinois aggravated felony sexual abuse of minor convictions did not have statutory counterpart to ground of inadmissibility, so noncitizen was not eligible for waiver of deportation under former INA 212(c); court lacks jurisdiction, under 8 U.S.C.

The Immigrant Legal Resource Center has published a practice advisory about three aspects of a waiver of inadmissibility under INA 212(h) at ww.ilrc.org/criminal.php; scroll down to free on-line resources. The topics are which LPRs don't come within the LPR bar to 212(h); using 212(h) as a direct defense to a deportation charge; and 212(h) as an option when LPR cancellation is unavailable. Thanks to Katherine Brady, Senior Attorney, Immigrant Legal Resource Center.

The Immigrant Legal Resource Center has published an analysis of Matter of Guevara Alfaro, 25 I. & N. Dec. 417 (BIA 2011) (California conviction of sexual intercourse with a minor (statutory rape), in violation of Penal Code 261.5(d), does not categorically constitute a crime involving moral turpitude):

Because the Ninth Circuits earlier decision interpreting Californias sexual intercourse with a minor offense used the traditional categorical approach rather than the Silva-Trevio approach, the Board concluded that the earlier Ninth Circuit decision is not binding.

Pascua v. Holder, ___ F.3d ___, 2011 WL 1024434 (9th Cir. Mar. 23, 2011) (a waiver of removal under former INA 212(c) may be applied in deportation proceedings that commenced before the April 1, 1997, effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to waive post-IIRAIRA criminal offenses).

Gallegos-Vasquez v. Holder, ___ F.3d ___, 2011 WL 692086 (9th Cir. Mar. 1, 2011) (noncitizen had settled expectations at the time of his plea that he could receive relief under INA 212(c) to waive his convictions, even though he was a SAW applicant at the time, rather than a Lawful Permanent Resident).