Capsule updates to CMT book

ADJUSTMENT OF STATUS - "ARRIVING ALIENS"

See Legal Action Center Litigation Issue Page summarizing litigation regarding the government's interim rule allowing USCIS to adjudicate the adjustment application of "arriving aliens" in removal proceedings. It provides links to selected pleadings and other related resources. AILA Doc. No. 10080969.

jurisdiction: 
Other

CONVICTION - DEFINITION - KANSAS

"Diversion" under Kansas law is arguably not a conviction for immigration purposes because the process involves an agreement between the defendant and prosecutor, with no punishment or restriction imposed by a judge.
Thanks to David Link

jurisdiction: 
Other

JUDICIAL REVIEW - RESTRICTIONS ON JUDICIAL REVIEW DID NOT PRECLUDE REVIEW OF DENIAL OF I-130 PETITION RELIEF - ADJUSTMENT OF STATUS

Ginters v. Frazier, 614 F.3d 822 (8th Cir. Aug. 5, 2010) (declaratory judgment granted holding jurisdictional bar of 8 U.S.C. 1252(a)(2)(B)(ii) did not preclude
judicial review of the denial of an I-130 petition).

jurisdiction: 
Eighth Circuit

RELIEF - ADJUSTMENT OF STATUS - 245(i) - 212(a)(9)(C) BAR

Villanueva v. Holder, 615 F.3d 913 (8th Cir. Aug. 5, 2010) (noncitizen that is inadmissible under 8 U.S.C. 1182(a)(9)(C)(i)(I) is not eligible for adjustment of status pursuant to 8 U.S.C. 1255(i)).

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - COURT COULD NOT REVIEW ELIGIBILITY FOR SPECIAL RULE CANCELLATION

Molina Jerez v. Holder, 625 F.3d 1058 (8th Cir. Aug. 25, 2010) (the court lacked jurisdiction to review underlying factual findings or discretionary judgments in denial of NACARA special rule cancellation of removal).

jurisdiction: 
Eighth Circuit

REMOVAL PROCEEDINGS - REINSTATEMENT OF REMOVAL -- RETROACTIVITY

Molina Jerez v. Holder, 625 F.3d 1058 (8th Cir. Aug. 25, 2010) (court did not err in applying reinstatement of removal provision retroactively).

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW - DISCRETION

Saleheen v. Holder, 618 F.3d 957 (8th Cir. Aug. 27, 2010) (no jurisdiction where BIA opinion plainly states relief was denied as a matter of discretion).

jurisdiction: 
Eighth Circuit

POST CON RELIEF - EFFECT OF VACATUR - REHABILITATIVE PURPOSE

Mendoza v. Holder, 606 F.3d 1137 (9th Cir. Jun. 2, 2010) (conviction still exists after vacatur granted for rehabilitative purposes only; any vacatur granted under Ariz.Rev.Stat. 13-907 is rehabilitative, and therefore still a conviction for immigration purposes), following Murillo-Espinoza v. INS, 261 F.3d 771, 773-74 (9th Cir. 2001).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - RES JUDICATA

Mendoza v. Holder, 606 F.3d 1137 (9th Cir. Jun. 2, 2010) (no res judicata bar when previously known conviction was paired with a new conviction to trigger removal for multiple crimes of moral turpitude).

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE - MULTIPLE CMT DEPORTATION GROUND

Mendoza v. Holder, 606 F.3d 1137 (9th Cir. Jun. 2, 2010) (no res judicata bar when previously known conviction was paired with a new conviction to trigger removal for multiple crimes of moral turpitude).

jurisdiction: 
Ninth Circuit

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