Tula-Rubio v. Lynch, ___ F.3d ___ (5th Cir. May 21, 2015) (noncitizen admitted at a port of entry by immigration officials by a wave-through has been admitted in any status for purposes of cancellation of removal eligibility under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).
Palma-Martinez v. Lynch, __ F.3d __ (7th Cir. May 11, 2015) (nunc pro tunc waivers under INA 212(h) are not available on a stand alone basis; petition must be filed in conjunction with application for adjustment of status).
Maldonado v. Lynch, ___ F.3d ___, 2015 WL 2343051 (9th Cir. May 18, 2015) (the petition for review was not moot notwithstanding petitioners removal after filing his petition for review, because there was solid evidence that the petitioner was currently present in the United States, seeking relief from removal to Mexico to avoid being killed, and thus continues to have a stake in the outcome of the petition for review).
Maldonado v. Lynch, ___ F.3d ___, ___, 2015 WL 2343051 (9th Cir. May 18, 2015) (the petition for review did not warrant discretionary dismissal under the equitable fugitive disentitlement doctrine, which applies where a petitioner has fled custody and cannot be located when their appeals come before this court, since in this case, the petitioner is not a fugitive because he did not flee. He complied with his deportation order and was removed to Mexico.).
Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015) (BIA was not required to apply categorical analysis to determine whether a conviction was for a violent or dangerous crime, for purposes of application of the enhanced hardship standard under Matter of Jean, 23 I. & N. Dec. 373 (Att'y Gen. 2002); immigration judge was allowed to examine documents outside the record of conviction in making the determination whether a conviction was for a violent or dangerous crime).
Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015) (determination whether conviction was for a violent or dangerous crime, for purposes of considering an application for a waiver of inadmissibility under INA 212(h), is a discretionary decision not subject to review).
Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015)
(California conviction of sexual battery, in violation of Penal Code 243.4(a), constituted a violent or dangerous crime, for purposes of triggering application of the Matter or Jean enhanced hardship standard to an application for a waiver of moral turpitude inadmissibility under INA 212(h)).
The Supreme Court commented, in dictum, that a residential burglary conviction, with a one-year sentence imposed, would qualify as an aggravated felony crime of violence under 18 U.S.C. 16(b). It stated: The classic example is burglary. A burglary would be covered under 16(b) not because the offense can be committed in a generally reckless way or because someone may be injured, but because burglary, by its nature, involves a substantial risk that the burglar will use force against a victim in completing the crime. Leocal v. Ashcroft, 543 U.S. 1, 10 (2004).
Matter of Agour, 26 I&N Dec. 566 (BIA 2015) (adjustment of status constitutes an "admission" for purposes of determining an aliens eligibility to apply for a visa-fraud waiver under INA 237(a)(1)(H), 8 U.S.C. 1227(a)(1)(H) (2012)); distinguishing Matter of Connelly, 19 I&N Dec. 156 (BIA 1984).
Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015) (an Immigration Judges predictive findings of what may or may not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review); overruling Matter of V-K-, 24 I&N Dec. 500 (BIA 2008); Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008).