Capsule updates to CMT book

JUDICIAL REVIEW " HABEAS CORPUS " NO HABEAS JURISDICTION TO PREVENT REMOVAL ON GROUNDS OF CITIZENSHIP

Johnson v. Whitehead, ___ F.3d ___, 2011 WL 1998333 (4th Cir. May 24, 2011) (writ of habeas corpus could not be used to permanently immunize individual from removal on grounds he was a U.S. citizen; petition for review, not habeas corpus petition, was the proper means of seeking redress).

jurisdiction: 
Fourth Circuit

RELIEF " CANCELLATION OF REMOVAL " AGGRAVATED FELONY BAR " BURDEN

Salem v. Holder, ___ F.3d ___, 2011 WL 1998330 (4th Cir. May 24, 2011) (Presentation of an inconclusive record of conviction [that does not necessarily establish conviction of an aggravated felony] is insufficient to meet a noncitizen's burden of demonstrating eligibility [for cancellation of removal for LPRs, under INA 240A(a)(3), 8 U.S.C. 1229b(a)(3)], because it fails to establish that it is more likely than not that he was not convicted of an aggravated felony.); following Garcia v. Holder, 584 F.3d 1288, 1289-90 (10th Cir.

jurisdiction: 
Fourth Circuit

RELIEF " WAIVERS " CANCELLATION OF REMOVAL FOR NON-LPRS " CONTINUOUS PRESENCE REQUIREMENT

Demandstein v. Attorney General of the US, ___ F.3d ___, 2011 WL 652751 (3d Cir. May 10, 2011) (deportation and illegal re-entry breaks period of continuous physical presence).
CD4:24.6;AF:2.6;CMT3:3.6

jurisdiction: 
Third Circuit

CONTROLLED SUBSTANCES " FACILITATION

United States v. Liranzo, 944 F.2d 73 (2d Cir. 1991) (New York conviction of criminal facilitation does not constitute a controlled substance conviction, for criminal sentencing purposes, because it is different from aiding and abetting and too attenuated from the substantive offense).

jurisdiction: 
Second Circuit

RELIEF " TEMPORARY PROTECTED STATUS " LATE APPLICANT MUST MEET INITIAL REGISTRATION REQUIREMENTS

Matter of Echeverria, 25 I&N Dec. 512 (BIA 2011) (late initial registrant for Temporary Protected Status must independently meet all initial registration requirements of TPS).

jurisdiction: 
BIA

EXPEDITED REMOVAL " ARGUMENT FOR CHALLENGING EXPEDITED REMOVAL VIA HABEAS CORPUS

"The ideal time to file a habeas petition under the theory outlined in this article would be while the petitioner was detained by CBP pending execution of the expedited removal order." David A. Isaacson, Mar. 5, 2011.
http://www.cyrusmehta.com/news.aspx?SubIdx=ocyrus201135115520

jurisdiction: 
Other

RELIEF " WAIVERS " 212(H) WAIVER " PRACTICE ADVISORY

The Immigrant Legal Resource Center has published a practice advisory about three aspects of a waiver of inadmissibility under INA 212(h) at ww.ilrc.org/criminal.php; scroll down to free on-line resources. The topics are which LPRs don't come within the LPR bar to 212(h); using 212(h) as a direct defense to a deportation charge; and 212(h) as an option when LPR cancellation is unavailable. Thanks to Katherine Brady, Senior Attorney, Immigrant Legal Resource Center.

jurisdiction: 
Other

CRIMES OF MORAL TURPITUDE " ANALYSIS

The Immigrant Legal Resource Center has published an analysis of Matter of Guevara Alfaro, 25 I. & N. Dec. 417 (BIA 2011) (California conviction of sexual intercourse with a minor (statutory rape), in violation of Penal Code 261.5(d), does not categorically constitute a crime involving moral turpitude):

Because the Ninth Circuits earlier decision interpreting Californias sexual intercourse with a minor offense used the traditional categorical approach rather than the Silva-Trevio approach, the Board concluded that the earlier Ninth Circuit decision is not binding.

jurisdiction: 
US Supreme Ct

ADJUSTMENT OF STATUS " RE-ENTRY INADMISSIBILITY BAR

Padilla-Caldera v. Holder, __ F.3d __ (10th Cir. Mar. 14, 2011) (noncitizen who is inadmissible for reentering the country illegally after a year of unlawful presence, under INA 212(a)(9)(C)(i) is ineligible for an adjustment of status under INA 245(i)), following Matter of Birones, 24 I. & N. Dec. 355 (BIA 2007).

jurisdiction: 
Tenth Circuit

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