Capsule updates to CMT book

ADMISSION - FRAUDULENT

Kyong Ho Shin v. Holder, 607 F.3d 1213 (9th Cir. Jun. 11, 2010) (noncitizen brothers were not lawfully admitted for permanent residence where applications were fraudulent; it does not matter that the noncitizens were personally unaware of the fraud).

jurisdiction: 
Ninth Circuit

MANDATORY DETENTION

Matter of Garcia-Arreola, 25 I&N Dec. 267 (BIA Jun. 23, 2010) (DHS cannot hold noncitizen without possibility of IJ review under INA 236(c) where the noncitizen was last released from custody tied to the basis for detention before Oct. 8, 1998; detention, post Oct. 8, 1998, must be related to a listed basis for detention under INA 236(c)), Matter of Saysana, 24 I&N Dec. 602 (BIA 2008),
overruled; Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999), modified.

jurisdiction: 
BIA

RELIEF - ADJUSTMENT OF STATUS - PAROLE

Matter of Castillo-Padilla, 25 I&N Dec. 257 (BIA Jun. 18, 2010) (conditional parole under INA 236(a)(2)(B) is a distinct and different procedure from parole under INA 212(d)(5)(A), and does not count as "parole" under INA 245(a) for purposes of adjustment of status).

jurisdiction: 
BIA

JUDICIAL REVIEW - SUA SPONTE MOTION TO REOPEN

Gor v. Holder, 607 F.3d 180 (6th Cir. Jun. 4, 2010) (the court suggested en banc review of earlier circuit decisions finding no jurisdiction to review denials of sua sponte motions to reopen, in light of Kucana v. Holder, 130 S.Ct. 827 (2010)).

jurisdiction: 
Sixth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - AGGRAVATED BATTERY

United States v. Rodriguez-Gomez, 608 F.3d 969 (7th Cir. Jun. 11, 2010) (Illinois conviction for aggravated battery, in violation of 720 Ill. Comp. Stat.

jurisdiction: 
Seventh Circuit

RECORD OF CONVICTION - PROBATION REPORT

United States v. Rodriguez-Gomez, 608 F.3d 969 (7th Cir. Jun. 11, 2010) (Illinois conviction for aggravated battery, in violation of 720 Ill. Comp. Stat.

jurisdiction: 
Seventh Circuit

ADMISSION - FRAUDULENT

Kyong Ho Shin v. Holder, 607 F.3d 1213 (9th Cir. Jun. 11, 2010) (noncitizen brothers were not lawfully admitted for permanent residence where applications were fraudulent; it does not matter that the noncitizens were personally unaware of the fraud).

jurisdiction: 
0

RELIEF - ADJUSTMENT OF STATUS

Ramirez v. Holder, ___ F.3d ___ (4th Cir. Jun. 22, 2010) (BIA's interpretation of INA 212(a)(9)(C)(i)(I) and INA 245(i) must be given Chevron deference; noncitizen who is inadmissible under 212(a)(9)(C), cannot adjust status under section 245(i)).

jurisdiction: 
Fourth Circuit

JUDICIAL REVIEW - AGGRAVATED FELONY BAR

Ogunfuye v. Holder, 610 F.3d 303 (5th Cir. Jun. 28, 2010) (because question of whether immigration judge erred in failing to grant continuance is not a constitutional issue or a question of law, court lacks jurisdiction to review the issue where the noncitizen is an aggravated felon).

jurisdiction: 
Fifth Circuit

NATURALIZATION - IJ LACKS JURISDICTION TO REVIEW ELIGIBILITY

Ogunfuye v. Holder, 610 F.3d 303 (5th Cir. Jun. 28, 2010) (immigration judge lacks authority to determine whether noncitizens are prima facie eligible for naturalization), following Matter of Hidalgo, 24 I. & N. Dec. 103, 105 (BIA 2007).

jurisdiction: 
US Supreme Ct

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