Cabral v. Holder, 632 F.3d 886 (5th Cir. Feb. 2, 2011) (lawful permanent resident inside the United States is not eligible for a waiver under INA 212(h) unless the respondent also applies for adjustment of status).
United States v. Sanchez-Garcia, 642 F.3d 658, 2011 WL 2462958 (8th Cir. Jun. 22, 2011) (This court thus need not decide whether clerk minutes or violation minutes, alone, satisfy the burden of production. See Forrest, 611 F.3d at 913 (complaint, minute order, and judgment are sufficient evidence of conviction); cf. United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir.2008) (holding that California clerk minutes are easily ... within the category of documents described.).).
United States v. Sanchez-Garcia, 642 F.3d 658, 2011 WL 2462958 (8th Cir. Jun. 22, 2011) (The charging document alone, however, does not prove Sanchez"Garcia's conviction because a charge is simply an accusation. It is not evidence of anything.); quoting United States v. Gammage, 580 F.3d 777, 779 (8th Cir.2009); see also United States v. Vasquez"Garcia, 449 F.3d 870, 873 (8th Cir.2006) (a charging document may sufficiently narrow an overinclusive statute when the fact of conviction is not contested).
Ixcot v. Holder, __ F.3d __ (9th Cir. Jun. 1, 2011) (reinstatement of removal provisions, under INA 241(a)(5), 8 U.S.C. 1231(a)(5), are impermissibly retroactive when applied to noncitizens who applied for discretionary relief prior to IIRAIRA), agreeing with Arevalo v. Ashcroft, 344 F.3d 1 (1st Cir. 2003), Sarmiento Cisneros v. Attorney General, 381 F.3d 1277 (11th Cir. 2004), Faiz"Mohammad v. Ashcroft, 395 F.3d 799 (7th Cir. 2005), and Valdez"Sanchez v. Gonzales, 485 F.3d 1084 (10th Cir. 2007).
Vasquez de Alcantar v. Holder, 645 F.3d 1097, 2011 WL 2163965 (9th Cir. Jun. 3, 2011) (approved Form I"130 Petition did not confer admission status on an undocumented immigrant for purposes of showing seven years of continuous residence under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).
Guevara v. Holder, ___ F.3d ___ (9th Cir. Jun. 3, 2011) (grant of employment authorization, pending the approval of adjustment of status under 8 U.S.C. 1255, does not constitute an admission for purposes of calculating seven years of continuous residence for LPR cancellation of removal under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).
Matter of Echeverria, 25 I&N Dec. 512 (BIA Jun. 1, 2011) (applicant for late TPS registration must independently meet all initial requirements of TPS, including being a national or habitual resident, if stateless, of a currently designated TPS country).
Matter of ERM & LRM, 25 I&N Dec. 520 (BIA 2011) (INA 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i), setting criteria for expedited removal, does not limit DHS prosecutorial discretion to place arriving aliens in removal proceedings).
Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011) (Washington conviction of driving a vehicle in a manner indicating a wanton or willful disregard for the lives or property of others while attempting to elude a pursuing police vehicle, in violation of RCW 46.61.024, is a crime involving moral turpitude, because reckless disregard is a sufficiently evil mental state).
Matter of Ruiz-Lopez, 25 I&N Dec. 551, 553 (BIA 2011)( a negligent mental state is insufficient to constitute a crime of moral turpitude); citing Matter of M, 2 I&N Dec. 686, 691 (C.O., BIA 1946) (negligent damage to railway telegraph property held not to be a crime of moral turpitude); Matter of B, 2 I&N Dec. 867, 868-69 (C.O., BIA 1947) (willful damage to mail boxes and other property held not to be a crime of moral turpitude because it could be committed with negligence).