GOOD MORAL CHARACTER " 180 DAYS IN JAIL
Tiscareno-Garcia v. Holder, __ F.3d __ (4th Cir. Mar. 6, 2015) (noncitizen barred from showing good moral character for purposes of cancellation of removal application since noncitizen served 181 days in jail for illegal re-entry).
POST CON RELIEF " CONVICTION " EFFECTIVE ORDER VACATING CONVICTION
Gaona-Romero v. Gonzales, 497 F.3d 694, 649 (5th Cir. 2007) (after Disipio was decided, "[t]he government undertook a policy review to determine how removal cases arising in the Fifth Circuit that involve vacated convictions should be treated. The government concluded that it would not seek that removal decisions be upheld pursuant to Renteria, but rather would request remand to the BIA so that the government could take action in accord with Pickering."); citing Discipio v. Ashcroft, 417 F.3d 448 (5th Cir.
GOOD MORAL CHARACTER " 180 DAYS JAIL
Rodriguez-Avalos v. Holder, __ F.3d __ (5th Cir. Mar. 4, 2015) (noncitizen cannot show 10 years good moral character prior to final administrative decision in non-LPR cancellation of removal application where noncitizen served 180 days or more in jail during such period).
RELIEF " NON-LPR CANCELLATION OF REMOVAL " HARDSHIP
Montanez-Gonzales v. Holder, __ F.3d __ (6th Cir. Mar. 12, 2015) (rejecting constitutional challenges to Immigration Judges standards in determining exceptional and extremely unusual hardship for non-LPR cancellation of removal).
CRIMES OF MORAL TURPITUDE " FALSE STATEMENT TO GOVERNMENT
Fayzullina v. Holder, __ F.3d __ (6th Cir. Jan 6, 2015) (federal conviction for violation of 18 U.S.C. 1001(a)(3), willful false statement, for false statements related to marriage fraud, is categorically a crime of moral turpitude).
PRACTICE ADVISORY " CONTROLLED SUBSTANCES OFFENSES " FEDERAL FIRST OFFENDER ACT DISMISSALS ELIMINATE ALL IMMIGRATION CONSEQUENCES OF QUALIFYING CONVICTIONS EVEN THOUGH A STATE PROBATIONARY PERIOD LONGER THAN THE FFOA ONE-YEAR TERM WAS IMPOSED
The DHS sometimes argues that a state probation grant longer than the one-year probation period called for under the Federal First Offender Act, 18 U.S.C. 3706(a), disqualifies a conviction for treatment under Lujan-Armendariz v. INS, 222 F.3d 728, 749 (9th Cir. 2000), prospectively overruled by Nunez-Reyes v. Holder, 646 F.3d 684, 688 (9th Cir. 2011) (en banc). The court of appeals has jurisdiction to review the underlying legal error of the BIA in adopting this argument. See Singh v. Holder, 771 F.3d 647, 650 (9th Cir. 2014).
DETENTION " CUSTODY DETERMINATION GUILDELINES
ICE announces enhanced oversight and release procedures for custody determinations involving detainees with criminal convictions
https://www.ice.gov/news/releases/ice-announces-enhanced-oversight-and-r...
RELIEF " GOOD MORAL CHARACTER " STATUTORY BARS " ACTUAL CONFINEMENT OVER 180 DAYS "
Matter of Valdovinos, 18 I&N Dec. 343, 344 (BIA 1982) (incarceration in a minimal security area with work furlough counts towards the 180 days for the statutory bar to showing Good Moral Character, under INA 101(f)(7), 8 U.S.C. 1101(f)(7)). Thanks to Kathy Brady.
http://www.justice.gov/eoir/vll/intdec/vol18/2929.pdf
JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION
Prabhudial v. Holder, ___ F.3d ___, 2015 WL 1061798 (2d Cir. Mar. 12, 2015) (petition for review denied, where petitioner failed to argue before the IJ that his conviction did not qualify as an aggravated felony controlled substances offense applying the categorical approach before the IJ, and the BIA may apply the doctrine of waiver to matters not raised before an IJ).
NOTE: It appears that the noncitizen completely failed to argue whether his conviction would trigger removal under the categorical analysis before the IJ, and instead sought time for a pending state case to be decided.