DHS Urges BIA to Vacate Matter of Shanu
http://www.aila.org/content/default.aspx?docid=31848
Agreeing with amicus Legal Action Center, DHS urges BIA to overturn Matter of Shanu, which holds that "any admission" qualifies under INA 237(a)(2)(A)(i) (deportation ground based upon a conviction of a crime involving moral turpitude within five years of admission). AILA Doc. No. 10042960.

Matter of Monges-Garcia, 25 I. & N. Dec. 246 (BIA 2010) (the 90-day time limitation for filing a motion to reopen in 8 C.F.R. 1003.23(b)(1) applies regardless of whether the motion was filed before or after the 1996 promulgation of the regulations; the 5-year bar to discretionary relief for failure to appear, under INA 242B(e)(1), does not provide an exception to this rule).

Chun Xin Chi v. Holder, 606 F.3d 6 (1st Cir. May 26, 2010) (expiration of ten-year bar for failure to voluntarily depart did not constitute "new and previously unavailable evidence" as would warrant reopening removal proceedings to allow noncitizen to apply for adjustment of status).

Segura v. Holder, ___ F.3d ___, 2010 WL 2089396 (9th Cir. May 26, 2010) (noncitizen ineligible for 212(c) relief where initial admission as an LPR was obtained by mistake of INS, since noncitizen was inadmissible for conviction of a controlled substances offense at the time of admission, and INS failed to deny admission on that basis).

Segura v. Holder, ___ F.3d ___, 2010 WL 2089396 (9th Cir. May 26, 2010) ("We can exercise jurisdiction over a claim only if the alien has exhausted all administrative remedies available to the alien as of right. 8 U.S.C. 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).").

United States v. Moreno-Padilla, __ F.3d __ (7th Cir. Apr. 8, 2010) (defendant's argument, raised only in a single paragraph in his pro se memorandum, was not sufficiently substantial to have warranted more overt consideration by the district court).

United States v. Strickland, ___ F.3d ___, 2010 WL 1529414 (9th Cir. Apr. 19, 2010) (en banc) (Maryland docket sheet, which Maryland law requires be prepared and maintained by a court clerk, and which defendant has a right to review and correct, is of sufficient reliability under Shepard and Snellenberger to establish that the Maryland offense was for sexual abuse of a child).

Sum v. Holder, ___ F.3d ___, 2010 WL 1630859 (9th Cir. Apr. 23, 2010) (aggravated felony bar to relief under INA 212(h) for lawful permanent residents is not defeated by claim that person was not "lawfully admitted" to permanent residence because he procured his green card by visa fraud.)

Vasquez v. Holder, 602 F.3d 1003 (9th Cir. Apr. 19, 2010) (hardship waiver, under INA 216(c)(4), to have condition removed for lawful permanent residents who did not jointly petition to remove conditions, or did not appear for an interview, is not available to a noncitizen who obtained LPR status though marriage fraud; however, noncitizen may seek relief under INA 237(a)(1)(H)).

Eneh v. Holder, 601 F.3d 943, 947 (9th Cir. Apr. 15, 2010) ("It is unclear whether the BIA adopted the IJ's reasoning in its entirety, affirmed on alternate grounds, added an additional ground for denying Eneh's claim, or simply misconstrued the IJ decision. Such ambiguity in the midst of the BIA's already limited analysis makes us unable to review the decision below in an adequate manner. See, e.g., Garcia Gomez v.