OVERVIEW " CONTACT WITH ICE " ILLEGAL STOP
De La Paz v. Coy, __ F.3d __ (5th Cir. May 14, 2015) (noncitizens may not pursue Bivens claims against CBP agents; these claims should be pursued in civil immigration proceedings), citing Mirmehdi v. United States, 689 F.3d 975 (9th Cir. 2011) (no Bivens claim for constitutionally invalid immigration detention); Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009) (en banc)
CITIZENSHIP " DERIVATIVE " JOINT CUSTODY
Kamara v. Lynch, __ F.3d __ (5th Cir. May 18, 2015) (sole legal custody requirement for purposes of derivative citizenship only applies where divorced parents entered in to a child custody arrangement; where no custody arrangement exists, the test is whether naturalized parent had actual uncontested custody over child).
SENTENCE " CREDIT FOR TIME SERVED " DELAY IN CHARGING DENIED DEFENDANT CHANCE TO GET CREDIT FOR TIME SERVED IN PART IN IMMIGRATION DETENTION
United States v. Estrada-Mederos, ___ F.3d ___, ___, 2015 WL 1926371 (7th Cir. Apr. 29, 2015) (The sentencing judge could view the time spent under ICEs custody as the basis for granting a convicted migrant a downward departure from the sentencing range for illegal reentry.).
RELIEF " 212(h) WAIVER " NUNC PRO TUNC
Palma-Martinez v. Lynch, __ F.3d __ (7th Cir. May 11, 2015) (nunc pro tunc waivers under INA 212(h) are not available on a stand alone basis; petition must be filed in conjunction with application for adjustment of status).
AGGRAVATED FELONY " SEXUAL ABUSE OF A MINOR " CHILD MOLESTATION
United States v. Martinez, ___ F.3d ___, ___, 2015 WL 3406178 (9th Cir. May 28, 2015) (Washington conviction of third-degree child molestation, in violation of Wash. Rev.Code 9A.44.089, is categorically not an aggravated felony sexual abuse of a minor offense, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), since the offense is not divisible and includes touching over clothing; sexual abuse of a minor requires skin on skin contact); see State v.
EXTRADITION
Patterson v. Wagner, ___ F.3d ___, 2015 WL 1963541 (9th Cir. May 4, 2015) (order certifying petitioner for extradition to South Korea on murder charge did not violate the 1998 extradition treaty's time-of-lapse provision, or the double-jeopardy provision of the Status of Forces Agreement (SOFA) governing American military personnel).
JUDICIAL REVIEW " PETITION FOR REVIEW " MOOTNESS
Maldonado v. Lynch, ___ F.3d ___, 2015 WL 2343051 (9th Cir. May 18, 2015) (the petition for review was not moot notwithstanding petitioners removal after filing his petition for review, because there was solid evidence that the petitioner was currently present in the United States, seeking relief from removal to Mexico to avoid being killed, and thus continues to have a stake in the outcome of the petition for review).
JUDICIAL REVIEW " PETITION FOR REVIEW " FUGITIVE DISENTITLEMENT DOCTRINE
Maldonado v. Lynch, ___ F.3d ___, ___, 2015 WL 2343051 (9th Cir. May 18, 2015) (the petition for review did not warrant discretionary dismissal under the equitable fugitive disentitlement doctrine, which applies where a petitioner has fled custody and cannot be located when their appeals come before this court, since in this case, the petitioner is not a fugitive because he did not flee. He complied with his deportation order and was removed to Mexico.).
REMOVAL PROCEEDINGS " APPEAL " WAIVER OF APPEAL " NOT CONSIDERED AND INTELLIGENT SINCE IT WAS BASED ON IMMIGRATION JUDGES INCORRECT ADVICE
Garcia v. Lynch, ___ F.3d ___, 2015 WL 2385402 (9th Cir. May 20, 2015) (waiver of appeal from removal order was not considered and intelligent because the decision was based upon an Immigration Judge's incorrect advice).
AGGRAVATED FELONY " THEFT OFFENSE " THEFT
Garcia v. Lynch, ___ F.3d ___, ___, 2015 WL 2385402 (9th Cir. May 20, 2015) (California conviction of theft, under Penal Code 487(a), is not categorically a theft aggravated felony because the California offense includes theft of labor, and because the California statute may be violated even if the victim consented to transfer his property by false pretenses), citing Carrillo"Jaime v. Holder, 572 F.3d 747, 751"53 (9th Cir. 2009).
