AGGRAVATED FELONY " CRIME OF VIOLENCE " BURGLARY " PRACTICE ADVISORY
The Supreme Court commented, in dictum, that a residential burglary conviction, with a one-year sentence imposed, would qualify as an aggravated felony crime of violence under 18 U.S.C. 16(b). It stated: The classic example is burglary. A burglary would be covered under 16(b) not because the offense can be committed in a generally reckless way or because someone may be injured, but because burglary, by its nature, involves a substantial risk that the burglar will use force against a victim in completing the crime. Leocal v. Ashcroft, 543 U.S. 1, 10 (2004).
RELIEF " VISA-FRAUD WAIVER " ADJUSTMENT OF STATUS CONSTITUTES AN ADMISSION
Matter of Agour, 26 I&N Dec. 566 (BIA 2015) (adjustment of status constitutes an "admission" for purposes of determining an aliens eligibility to apply for a visa-fraud waiver under INA 237(a)(1)(H), 8 U.S.C. 1227(a)(1)(H) (2012)); distinguishing Matter of Connelly, 19 I&N Dec. 156 (BIA 1984).
JUDICIAL REVIEW " BOARD OF IMMIGRATION APPEALS " REVIEW OF IMMIGRATION JUDGES PREDICTIVE FINDINGS OF FUTURE FACT
Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015) (an Immigration Judges predictive findings of what may or may not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review); overruling Matter of V-K-, 24 I&N Dec. 500 (BIA 2008); Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008).
DEPORTATION " VOTING IN FEDERAL ELECTION " STRICT LIABILITY
Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015) (noncitizen who has voted in a federal election, in violation of 18 U.S.C. 611(a), is removable under INA 237(a)(6)(A), 8 U.S.C. 1227(a)(6)(A) (2012), regardless of whether the alien knew that he or she was committing an unlawful act by voting).
DEPORTATION " VOTING IN FEDERAL ELECTION " STRICT LIABILITY
Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015) (noncitizen who has voted in a federal election, in violation of 18 U.S.C. 611(a), is removable under INA 237(a)(6)(A), 8 U.S.C. 1227(a)(6)(A) (2012), regardless of whether the alien knew that he or she was committing an unlawful act by voting).
Note: This conviction does not constitute a crime involving moral turpitude, because a scienter of strict liability is insufficiently culpable to qualify. See Leocal v. Ashcroft, 543 U.S. 1 (2004).
RELIEF " WAIVERS " INA 212(h) WAIVER " AGGRAVATED FELONY BAR
Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015) (noncitizen who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under INA 212(h), 8 U.S.C. 1182(h) (2012), as a result of an aggravated felony conviction); withdrawing Matter of E.W. Rodriguez, 25 I&N Dec. 784 (BIA 2012), and Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010).
RELIEF " CANCELLATION OF REMOVAL " CONTINUOUS RESIDENCE REQUIREMENT " STOP-TIME RULE
Guaman-Yuqui v. Lynch, ___ F.3d ___, 2015 WL 2365838 (2d Cir. May 19, 2015) (notice to appear triggered the stop-time rule, under INA 240A(d)(1)(A), 8 U.S.C. 1229b(d)(1)(A), for the continuous residence requirement for cancellation of removal, even though it omitted the date and time of the initial removal hearing).
ASYLUM " MATERIAL SUPPORT
Sesay v. Atty Gen., __ F.3d __ (3d Cir. May 26, 2015) (no duress exception exists for material support bar to asylum or withholding of removal).
SENTENCE " FELONY " MAXIMUM SENTENCE
United States v. Bercian-Flores, ___ F.3d ___, 2015 WL 2239325 (4th Cir. May 14, 2015) (rejecting an argument that the top sentence of six months in pre-Booker Guidelines range controls over statutory maximum sentence in determining maximum sentence of prior felony for illegal re-entry sentencing purposes).
RELIEF " LPR CANCELLATION OF REMOVAL " ADMITTED IN ANY STATUS
Tula-Rubio v. Lynch, ___ F.3d ___ (5th Cir. May 21, 2015) (noncitizen admitted at a port of entry by immigration officials by a wave-through has been admitted in any status for purposes of cancellation of removal eligibility under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).
