Pina-Galindo v. Lynch, 803 F.3d 193 (5th Cir. Sept. 24, 2015) (per curiam) (non-LPR cancellation criminal bar includes inadmissibility INA 212(a)(2)(B), 8 U.S.C. 1182(a)(2)(B) [multiple convictions with sentences totaling five years or more]).

Pena v. Lynch, 804 F.3d 1258 (9th Cir. Sept. 28, 2015) (Court of Appeals lacked jurisdiction to consider alien's petition for review of expedited removal order under 8 U.S.C. 1225(b)(1), 1252(a)(2)(D), (e)).

By Norton Tooby

Inadmissibility for a conviction of a crime involving moral turpitude, which constitutes a violent or dangerous offense, cannot be waived under INA 212(h) absent exceptional and extremely unusual hardship or national security reasons. 8 CFR 1212.7(d). See discussion of same standard in Matter of Jean, 23 I. & N. Dec. 373 (AG 2002). See also N. TOOBY & J.J. ROLLIN, CRIMINAL DEFENSE OF IMMIGRANTS 24.29 (2012).

A May 27, 2003 USCIS memorandum clarified that the applicable hardship standard under 8 C.F.R.

Velazquez-Herrera v. Gonzales, 466 F.3d 781, 783 (9th Cir. 2006) (internal quotation marks omitted) (BIA dictum is not a statutory interpretation that carries the force of law, and thus is not entitled to deference); cf. United States v. Johnson, 256 F.3d 895, 914-15 (9th Cir. 2001) (a holding, as opposed to dicta, is reached after reasoned consideration, in which the court undeniably decided the issue, after argument from both parties).

Mowlana v. Lynch, ___ F.3d ___, 2015 WL 5730791 (8th Cir. Sept. 30, 2015) (in determining whether a federal conviction categorically qualifies as a ground of removal, the realistic probability inquiry applies just as when analyzing a state-law offense); following Bobadilla v. Holder, 679 F.3d 1052, 1055"57 (8th Cir.2012); see Rios"Diaz v. Holder, 543 F. App'x 617, 618 (8th Cir.2013); see also Sampathkumar v. Holder, 573 F. App'x 55, 57 (2d Cir.2014); Familia Rosario v. Holder, 655 F.3d 739, 749 (7th Cir. 2011); Accardo v. U.S. Att'y Gen., 634 F.3d 1333, 1337 (11th Cir.2011).

Garcia v. Lynch, ___ F.3d ___, 2015 WL 4899018 (9th Cir. Aug. 18, 2015) (statutory criminal bar to judicial review at 8 U.S.C. 1252(a)(2)(C), does not strip the circuit court of jurisdiction to review the denial of a procedural motion that rests on a ground independent of the conviction that triggered the bar, such as an appeal based upon denial of a motion to continue).

Thomas v. Lynch, ___ F.3d ___, 2015 WL 4745688 (5th Cir. Aug. 7, 2015) (petitioner's birth on military base did not render him a birthright citizen under the Fourteenth Amendment).

Miranda-Romero v. Lynch, ___ F.3d ___, 2015 WL 4746166 (8th Cir. Aug. 12, 2015) (California conviction of forgery, under Penal Code 472, categorically constitutes crime of moral turpitude, since entire statute requires intent to defraud).

Note: This decision is erroneous. The plain language of the statute includes three groups of offenses, of which only the first expressly requires intent to defraud.

Morales v. Gonzales, 472 F.3d 689 (9th Cir. Jan. 3, 2007) (agreement to allow state appellate court to assume the truth of the States evidence for the purpose of defendants challenge to the sufficiently of the evidence on appeal is not an admission of facts sufficient to determine the nature of a conviction for immigration purposes, since [N]o factual findings are actually made, and no admissions are entered into by the defendant. Instead, for the sole purpose of determining the sufficiency of the evidence, the evidence is presumed true. . . .

Velasco-Tijero v. Lynch, 796 F.3d 617 (6th Cir. Aug. 6, 2015) (non-LPR cancellation of removal criminal bars, under 8 U.S.C. 1229b(b)(1)(C), INA 240A(b)(1)(C), apply retroactively to noncitizens who were convicted prior to IIRAIRA, but placed into removal proceedings after IIRAIRA).

NOTE: This case found the noncitizen barred because his crime would have made him deportable under 8 U.S.C. 1227(a)(2)(A)(i), for a single CMT conviction punishable by at least one year in jail. The court did not address the issues decided in Matter of Cortez, 25 I&N Dec.