Capsule updates to CMT book

RELIEF " NON-LPR CANCELLATION " TEN-YEAR RESIDENCY REQUIREMENT " IMPUTATION OF PARENTS PHYSICAL PRESENCE TO PETITIONER

Saucedo-Arevalo v. Holder, ___ F.3d ___, 2011 WL 1126039 (9th Cir. Mar. 29, 2011) (requirement of 10 years physical presence in the United States cannot be imputed from a parent to the applicant), applying reasoning of Barrios v. Holder, 581 F.3d 849, 862"65 (9th Cir. 2009). Compare, Cuevas"Gaspar v. Gonzales, 430 F.3d 1013, 1024 (9th Cir. 2005) (imputing parent's seven years presence after lawful admission for LPR cancellation); Mercado"Zazueta v. Holder, 580 F.3d 1102, 1103 (9th Cir. 2009) (imputing parents 5 year LPR status for LPR cancellation).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " JURISDICTION OVER CHALLENGE TO VISA WAIVER PROGRAM AGREEMENT AS NOT KNOWING OR VOLUNTARY

Bingham v. Holder, ___ F.3d ___ (9th Cir. Mar. 23, 2011) (circuit court has jurisdiction to review removal order where noncitizen challenged validity of waiver agreement under Visa Waiver Program based on claim that the VWP waiver was not knowing and voluntary; allegedly unknowing waiver did not result in prejudice where noncitizen did not show he would have been able to contest his removal on any other ground or that he would have declined to sign the waiver if he had been fully informed).

jurisdiction: 
Ninth Circuit

RELIEF " VISA WAIVER PROGRAM

Bingham v. Holder, ___ F.3d ___ (9th Cir. Mar. 23, 2011) (circuit court has jurisdiction to review removal order where noncitizen challenged validity of waiver agreement under Visa Waiver Program based on claim that the VWP waiver was not knowing and voluntary; allegedly unknowing waiver did not result in prejudice where noncitizen did not show he would have been able to contest his removal on any other ground or that he would have declined to sign the waiver if he had been fully informed).

jurisdiction: 
Ninth Circuit

RELIEF " WAIVERS " 212(c) WAIVER " PRE-IIRAIRA PROCEEDINGS

Pascua v. Holder, ___ F.3d ___, 2011 WL 1024434 (9th Cir. Mar. 23, 2011) (a waiver of removal under former INA 212(c) may be applied in deportation proceedings that commenced before the April 1, 1997, effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to waive post-IIRAIRA criminal offenses).

jurisdiction: 
Ninth Circuit

RELIEF " WAIVERS " 212(C) RELIEF " EVIDENCE OF GUILTY PLEA

Gallegos-Vasquez v. Holder, ___ F.3d ___, 2011 WL 692086 (9th Cir. Mar. 1, 2011) (noncitizen had settled expectations at the time of his plea that he could receive relief under INA 212(c) to waive his convictions, even though he was a SAW applicant at the time, rather than a Lawful Permanent Resident).

jurisdiction: 
Ninth Circuit

RELIEF " WAIVERS " 212(C) RELIEF " EVIDENCE OF GUILTY PLEA

Gallegos-Vasquez v. Holder, ___ F.3d ___, 2011 WL 692086 (9th Cir. Mar. 1, 2011) (absent criminal records, statement by noncitizen that he understands the difference between jury trial and guilty plea, and that he was convicted by guilty plea, was sufficient to establish that he was eligible for relief under former INA 212(c) under St. Cyr).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " MOOTNESS " BIA RECONSIDERATION OF DECISION ON APPEAL

Espinal v. Holder, ___ F.3d ___, 2011 WL 1049508 (5th Cir. Mar. 24, 2011) (the court retains jurisdiction to review a decision by the BIA, despite a subsequent withdrawal of that decision and the issuance of a new decision by the BIA, when that new decision relies upon, does not vacate or does not materially alter the impact of the initial decision), agreeing with Stone v. I.N.S., 514 U.S. 386, 395 (1995); Thomas v. Attorney Gen., 625 F.3d 134, 139 (3d Cir.2010); Khouzam v.

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " MOOTNESS " CASE IS NOT MOOT EVEN AFTER RESPONDENT HAS BEEN REMOVED FROM THE UNITED STATES

Espinal v. Holder, ___ F.3d ___, 2011 WL 1049508 (5th Cir. Mar. 24, 2011) (Although Espinal has already been removed from the United States, the case is not moot if (1) Espinal was not convicted of an aggravated felony and (2) he continues to satisfy the requirements of 8 U.S.C. 1229b(a).), citing Carachuri-Rosendo v. Holder, ___ U.S. ___, n. 8, 130 S.Ct. 2577, 2584 n. 8, 177 L.Ed.2d 68 (2010).

jurisdiction: 
Fifth Circuit

CRIMES OF MORAL TURPITUDE " THEFT " ATTEMPT

Matter of VO, 25 I. & N. Dec. 426 (BIA Mar. 18, 2011) (California conviction for grand theft is a crime involving moral turpitude for purposes of triggering deportability under INA 237(a)(2)(A)(ii)).

jurisdiction: 
BIA

CRIMES OF MORAL TURPITUDE " ATTEMPT

Matter of VO, 25 I. & N. Dec. 426 (BIA Mar. 18, 2011) (where the substantive offense underlying a noncitizen's conviction for an attempt offense is a crime involving moral turpitude, the noncitizen is considered to have been convicted of a crime involving moral turpitude for purposes of INA 237(a)(2)(A), even though that section makes no reference to attempt offenses).

jurisdiction: 
BIA

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