Sesay v. Atty Gen., __ F.3d __ (3d Cir. May 26, 2015) (no duress exception exists for material support bar to asylum or withholding of removal).

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)).

Almaza Arenas (overruling Young v. Holder) was vacated. It's going en banc. Many of you may be aware of this already, but if not--here it is. Now arguably, Moncrieffe still trumps Young v. Holder on the burden issue (for affirmative applications for relief), but this makes our advisory world much more challenging when advising undocumented clients.

Walker v. U.S. Atty. Gen., ___ F.3d ___, ___, 2015 WL 1782677 (11th Cir. Apr. 21, 2015) (Florida conviction of uttering a forged instrument, under Fla. Stat. 831.02, is categorically a crime involving moral turpitude, under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i): Because uttering a forged instrument involves deceit, we hold that it is a crime of moral turpitude. Uttering a forged instrument is behavior that runs contrary to accepted societal duties and involves dishonest or fraudulent activity.); quoting and following Itani v. Ashcroft, 298 F.3d 1213, 1215 (11th Cir. 2002).

Lugo v. Holder, 783 F.3d 119 (2nd Cir. Apr.

Chavez-Alvarez v. Warden York County Prison, ___ F.3d ___, ___, 2015 WL 1567019 (3d Cir. Apr. 9, 2015) (granting habeas corpus and ordering prompt immigration bond hearing: we are convinced that, beginning sometime after the six-month timeframe considered by Demore, and certainly by the time Chavez"Alvarez had been detained for one year, the burdens to Chavez"Alvarez's liberties outweighed any justification for using presumptions to detain him without bond).

Hernandez v. Holder, 783 F.3d 189 (4th Cir. Apr. 14, 2015) (deferring to Matter of Cortez Canales, 25 I. & N. Dec. 301, 306"08 (2010), to find noncitizen barred from non-LPR cancellation of removal under INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), due to being removable under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i), even though the noncitizens only crime fits within the petty offense exception to inadmissibility).

Note: This is the first circuit court opinion to address Matter of Cortez.

Calix v. Lynch, 784 F.3d 1000 (5th Cir. Apr. 28, 2015) (lawful permanent resident seeking cancellation of removal who committed an offense that would make him or her inadmissible if actually seeking admission, within seven years of lawful admission, is barred from applying for cancellation of removal under the stop-time rule, INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B)).

Calix v. Lynch, 784 F.3d 1000, 1009 (5th Cir. Apr. 28, 2015) (Because we discover no holding to that effect, we find no grounds for deference under Chevron Step 2. An issue not discussed by an agency should not be seen as having implicitly been resolved in the way necessary to support the decision and the implication then be given deference.)

United States v. Sahagun-Gallegos, ___ F.3d ___, ___, 2015 WL 1591446 (9th Cir. Apr. 10, 2015) (grand jury transcript and defense counsels statement of factual basis for the plea could not be considered to establish that plea was to aggravated felony portion of a divisible statute, since both this court and the Supreme Court have held that the factual basis for a plea must be assented to by the defendant for a sentencing court to rely on it when conducting the modified categorical approach, see Shepard, 544 U.S. at 26, 125 S.Ct.