Chavez-Alvarez v. Warden York County Prison, ___ F.3d ___, ___, 2015 WL 1567019 (3d Cir. Apr. 9, 2015) (granting habeas corpus and ordering prompt immigration bond hearing: we are convinced that, beginning sometime after the six-month timeframe considered by Demore, and certainly by the time Chavez"Alvarez had been detained for one year, the burdens to Chavez"Alvarez's liberties outweighed any justification for using presumptions to detain him without bond).

Hernandez v. Holder, 783 F.3d 189 (4th Cir. Apr. 14, 2015) (deferring to Matter of Cortez Canales, 25 I. & N. Dec. 301, 306"08 (2010), to find noncitizen barred from non-LPR cancellation of removal under INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), due to being removable under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i), even though the noncitizens only crime fits within the petty offense exception to inadmissibility).

Note: This is the first circuit court opinion to address Matter of Cortez.

Calix v. Lynch, 784 F.3d 1000 (5th Cir. Apr. 28, 2015) (lawful permanent resident seeking cancellation of removal who committed an offense that would make him or her inadmissible if actually seeking admission, within seven years of lawful admission, is barred from applying for cancellation of removal under the stop-time rule, INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B)).

Calix v. Lynch, 784 F.3d 1000, 1009 (5th Cir. Apr. 28, 2015) (Because we discover no holding to that effect, we find no grounds for deference under Chevron Step 2. An issue not discussed by an agency should not be seen as having implicitly been resolved in the way necessary to support the decision and the implication then be given deference.)

United States v. Sahagun-Gallegos, ___ F.3d ___, ___, 2015 WL 1591446 (9th Cir. Apr. 10, 2015) (grand jury transcript and defense counsels statement of factual basis for the plea could not be considered to establish that plea was to aggravated felony portion of a divisible statute, since both this court and the Supreme Court have held that the factual basis for a plea must be assented to by the defendant for a sentencing court to rely on it when conducting the modified categorical approach, see Shepard, 544 U.S. at 26, 125 S.Ct.

United States v. Sahagun-Gallegos, ___ F.3d ___, ___, 2015 WL 1591446 (9th Cir. Apr. 10, 2015) (When conducting the modified categorical approach, we may not examine a transcript to try to discern what ... a plea proceeding revealed[ ] about the defendant's underlying conduct. Descamps, 133 S.Ct. at 2288. Rather, we are limited to assessing whether the defendant necessarily admitted the elements of the particular statutory alternative that is a categorical match to the generic federal offense. See id. at 2284 (quoting Shepard, 544 U.S. at 26, 125 S.Ct. 1254).).

Matter of Silva-Trevino, 26 I&N Dec. 550 (A.G. Apr. 10, 2015) (immigration adjudicators are no longer allowed to go outside the record of conviction to determine whether a conviction constitutes a crime of moral turpitude), vacating 24 I & N Dec 687 (A.G.

Matter of Montiel, 26 I&N Dec. 555 (BIA Apr. 17, 2015) (immigration judge has discretion to delay removal proceedings, where warranted, pending the adjudication of a direct appeal of a criminal conviction); following Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012).
Cal Crim Def 21.24, 20.28

Note: There is no logical reason why the immigration court does not also have discretion to postpone removal proceedings when other requests for post-conviction relief are pending.

Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015) (Texas conviction of deadly conduct, in violation of Texas Penal Code 22.05(a), is categorically a crime involving moral turpitude).

Hernandez v. Holder, 783 F.3d 189 (4th Cir. Apr. 14, 2015) (deferring to Matter of Cortez Canales, 25 I. & N. Dec. 301, 306"08 (2010), to find noncitizen barred from non-LPR cancellation of removal under INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), due to being removable under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i), even though the noncitizens only crime fits within the petty offense exception to inadmissibility).