Capsule updates to CMT book

RELIEF " NON-LPR CANCELLATION OF REMOVAL

Ramos-Torres v. Holder, 637 F.3d 544 (5th Cir. Apr. 4, 2011) (administrative voluntary departure, under threat of deportation, is equivalent to voluntary departure under order of deportation, and stops the time for purposes of cancellation of removal).

jurisdiction: 
Fifth Circuit

OVERVIEW " VOLUNTARY DEPARTURE RELIEF

Ramos-Torres v. Holder, 637 F.3d 544 (5th Cir. Apr. 4, 2011) (administrative voluntary departure, under threat of deportation, is equivalent to voluntary departure under order of deportation, and stops the time for purposes of cancellation of removal).

jurisdiction: 
Fifth Circuit

MOTION TO REOPEN SUA SPONTE " LIMITED JUDICIAL REVIEW

Pllumi v. Attorney General of U.S., __ F.3d __ (3d Cir. Apr. 6, 2011) (If the reasoning given for a decision not to reopen sua sponte reflects an error of law, we have the power and responsibility to point out the problem, even though ultimately it is up to the BIA to decide whether it will exercise its discretion to reopen.).

jurisdiction: 
Third Circuit

GOOD MORAL CHARACTER " PARKING TICKETS

Yin-Shing Woo v. U.S., 288 F.2d 434 (2d Cir. 1961) (finding good moral character despite the applicant's arrest for failure to pay 23 parking tickets); In re Naturalization Petition of Odeh, 185 F.Supp. 953, 955 (E.D. Mich. 1960) (finding good moral character despite the applicant's 16 traffic tickets, 14 of which were moving violations).

jurisdiction: 
Second Circuit

RELIEF " ADJUSTMENT OF STATUS " RELEASE ON CONDITIONAL PAROLE PENDING REMOVAL PROCEEDINGS IS NOT PAROLED INTO UNITED STATES SO AS TO BE ELIGIBLE FOR ADJUSTMENT

Cruz-Miguel v. Holder, ___ F.3d ___, 2011 WL 1565847 (2d Cir. Apr. 27, 2011)(an alien released on conditional parole pending resolution of ongoing removal proceedings is not thereby paroled into the United States so as to be eligible for adjustment of status).

jurisdiction: 
Second Circuit

CRIMES OF MORAL TURPITUDE " EVIDENCE OUTSIDE RECORD OF CONVICTION ALLOWED ONLY WHERE CONVICTION RECORD ITSELF DOES NOT CONCLUSIVELY DEMONSTRATE WHETHER OR NOT THE CONVICTION WAS A CMT

Matter of Ahortalejo-Guzman, 25 I. & N. Dec. 465 (BIA 2011) (immigration court may consider evidence outside record of conviction in determining whether a conviction constitutes a crime involving moral turpitude only where the conviction record itself does not conclusively demonstrate whether the alien was convicted of engaging in conduct that constitutes a crime involving moral turpitude); clarifying Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008).

jurisdiction: 
BIA

JUDICIAL REVIEW - FEDERAL - HABEAS - EXHAUSTION OF AVAILABLE ADMINISTRATIVE REMEDIES REQUIRED AS "A PRUDENTIAL MATTER"

Singh v. Napolitano, 619 F.3d 1101 (9th Cir. Aug. 23, 2010) (per curiam) ("In order to seek habeas relief under [28 U.S.C. 2241], as Singh does, a petitioner must first, "as a prudential matter," exhaust his or her available administrative remedies."), citing Castro-Cortez v. INS, 239 F.3d 1037, 1047 (9th Cir. 2001).

jurisdiction: 
Ninth Circuit

RELIEF - WAIVERS - INA 212(c) - EFFECT OF WAIVER

Rodriguez v. Holder, ___ F.3d ___ (9th Cir. Aug. 23, 2010) (per curiam) (waived convictions under California Health & Safety Code 11350(a), possession of cocaine, still exist for the purposes of disqualifying respondent from eligibility for the personal-use exception to deportability for a later conviction of possession of less than 30 grams of marijuana); see Becker v. Gonzales, 473 F.3d 1000, 1003-04 (9th Cir.2007); Molina-Amezcua v.

jurisdiction: 
Ninth Circuit

POST CON RELIEF - VACATED CONVICTION IS A LEGAL NULLITY UNDER FEDERAL IMMIGRATION LAW CONTROLLED SUBSTANCES - INADMISSIBILITY - REASON TO BELIEVE ILLICIT TRAFFICKER

Garces v. U.S. Attorney General, 611 F.3d 1337 (11th Cir. July 27, 2010) (no contest plea to a later-vacated conviction and hearsay statements in the police report are insufficient to establish noncitizen was inadmissible for "reason to believe" he engaged in drug trafficking); see Alim v. Gonzales, 446 F.3d 1239 (11th Cir. 2006) (a vacated conviction is a legal nullity for purposes of federal immigration law if the reason for vacatur is a constitutional, statutory, or procedural defect in the underlying criminal proceedings); cf. Matter of Rodriguez-Ruiz, 22 I. & N. Dec.

jurisdiction: 
Eleventh Circuit

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