Capsule updates to CMT book

JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION

Muratoski v. Holder, 622 F.3d 824 (7th Cir. Sept. 20, 2010) (petitioner failed to exhaust administrative remedies on the sole issue he raised in the petition for
review).

jurisdiction: 
Seventh Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " BIA FAILURE TO EXERCISE DISCRETION

Garcia v. Holder, 621 F.3d 906 (9th Cir. Sept. 1, 2010) (petition for review granted where BIA failed to exercise its discretion to consider or decline to consider supplemental brief).

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE " PETTY OFFENSE EXCEPTION

Matter of Garcia, 25 I.& N. Dec. 332 (BIA 2010) (conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an offense referred to in section 212(a)(2), for purposes of triggering the stop-time rule even if it renders the alien removable under INA 237(a)(2)(A)(i), 8 U.S.C 1227 (a)(2)(A)(i).)

jurisdiction: 
US Supreme Ct

RELIEF " ADJUSTMENT OF STATUS " INA 245(i) GRANDFATHERING LIMITS

Matter of Legaspi, 25 I. & N. Dec. 328 (BIA 2010) (noncitizen is not independently grandfathered for purposes of adjustment of status under INA 245(i), simply by virtue of marriage to another noncitizen who is grandfathered under section 245(i) as the result of having been a derivative beneficiary of a visa petition).

jurisdiction: 
US Supreme Ct

JUDICIAL REVIEW " PETITION FOR REVIEW " TIMELINESS

Luna v. Holder, ___ F.3d ___, 2010 WL 3447886 (2d Cir. Sept. 3, 2010) (transferring petitions for review of final removal orders to district court for further proceedings where REAL ID Act did not divest district courts of habeas jurisdiction to consider petitioners' claims that they were prevented by circumstances beyond their control from filing timely petitions for review).

jurisdiction: 
Second Circuit

CRIMES OF MORAL TURPITUDE " PETTY OFFENSE EXCEPTION " MAXIMUM POSSIBLE PENALTY

Vartelas v. Holder, 620 F.3d 108, 2010 WL 3515503 (2d Cir. Sept. 9, 2010) (the Petty Offense Exception requirement that the maximum penalty possible, under INA 212(a)(2)(A)(ii)(II) and U.S.C 1182 (a)(2)(A)(ii)(II), must be one year or less refers to the statutory maximum period of incarceration, rather than the top of the Guidelines range); accord Mejia-Rodriguez v. Holder, 558 F.3d 46, 48 (1st Cir. 2009); Mendez-Mendez v. Mukasey, 525 F.3d 828, 833 (9th Cir. 2008).

jurisdiction: 
Second Circuit

CRIMES OF MORAL TURPITUDE " COUNTERFEITING " POSSESSION OF COUNTERFEIT SECURITY

Vartelas v. Holder, 620 F.3d 108, 2010 WL 3515503 (2d Cir. Sept. 9, 2010)(federal conviction of conspiracy to make or possess a counterfeit security, in violation of 18 U.S.C. 371, 513(a), constituted a conviction of a crime of moral turpitude); citing United States ex rel. Volpe v. Smith, Director of Immigration, 289 U.S. 422, 423 (1933).
CD:20.6;CMT:8.6, 9.33

jurisdiction: 
Second Circuit

POST CON RELIEF " DHS ALLOWED TO FILE NEW CHARGES OF REMOVAL AFTER VACATUR OF CONVICTION

Duhaney v. Attorney General, 621 F.3d 340 (3d Cir. Sept. 14, 2010), cert. denied (2011) (the government was not precluded, by res judicata, from charging respondent with removal in new proceedings based upon (1) convictions that existed at the time of the original proceedings, and that were known to the government, but that the government chose not to allege at the original proceedings, or (2) a conviction previously waived under INA 212(c) that became an aggravated felony after the termination of the original proceedings).

jurisdiction: 
Third Circuit

RELIEF " CANCELLATION " STOP-TIME RULE " PETTY OFFENSE EXCEPTION

Matter of Garcia, 25 I.& N. Dec. 332 (BIA 2010) (conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an offense referred to in section 212(a)(2), for purposes of triggering the stop-time rule even if it renders the alien removable under INA 237(a)(2)(A)(i), 8 U.S.C 1227 (a)(2)(A)(i).)

jurisdiction: 
US Supreme Ct

DETENTION " DETAINER LOCATOR

U.S. Immigration and Customs Enforcement (ICE) announced the launch of ICE's Online Detainee Locator System (ODLS), a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody.

jurisdiction: 
Other

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