JUVENILE - ADULT CONVICTION
Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) (a conviction of a noncitizen in adult court constitutes a conviction for immigration purposes, under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), no matter how old the person was at the time of the commission of the offense); accord, Vieira Garcia v. INS, 239 F.3d 409, 413-414 (1st Cir.
SENTENCE - PROBATION VIOLATION
Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) (rejecting argument that when a defendant violates his probation or community control, he is not then incarcerated for the underlying conviction, but only for the violation, so new sentence of one year or more triggers aggravated felony ground of deportation).
JUDICIAL REVIEW - RES JUDICATA
Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) ("Res judicata bars the filing of a claim when the following elements are present: (1) there is a final judgment on the merits; (2) the decision was rendered by a court of competent jurisdiction; (3) the parties, or those in privity with them, are identical in both suits; and (4) the same cause of action is involved in both cases. Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1238 (11th Cir.1999).
JUDICIAL REVIEW - RES JUDICATA - NEW NTA NOT BARRED WHERE PROBATION VIOLATION SENTENCE MADE PRIOR CONVICTION AN AGGRAVATED FELONY
Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) (noncitizen's violation of his community control and new sentence to a term of more than one year's imprisonment for his theft or burglary conviction gave rise to a new cause of action that was not previously available, and therefore the government is not barred by res judicata from filing a new NTA based on the new aggravated felony ground of deportation).
JUDICIAL REVIEW - REINSTATEMENT OF REMOVAL ORDER IS SUBJECT TO JUDICIAL REVIEW
Avila v. U.S. Attorney General, 560 F.3d 1281 (11th Cir. Mar. 5, 2009) (order reinstating prior removal order is subject to judicial review; court lacks jurisdiction to review underlying removal order).
REMOVAL PROCEEDINGS - REINSTATEMENT
Avila v. U.S. Attorney General, 560 F.3d 1281 (11th Cir. Mar. 5, 2009) (order reinstating prior removal order is subject to judicial review; court lacks jurisdiction to review underlying removal order).
REINSTATEMENT - VENUE
Avila v. U.S. Attorney General, 560 F.3d 1281 (11th Cir. Mar. 5, 2009) (petition for review was properly filed in the Eleventh Circuit because DHS issued reinstatement order there, even though original proceedings occurred in another circuit).
RELIEF - TPS - JURISDICTION
Mejia Rodriguez v. DHS, __ F.3d __ (11th Cir. Mar. 16, 2009) (district court has jurisdiction to hear appeal of CIS denial of TPS; "Decisions regarding statutory eligibility for TPS are not ones designated to be within the discretion of the Attorney General or Secretary and hence are not precluded from review by 8 U.S.C. 1252(a)(2)(B) (ii). Furthermore, the denial of TPS is not a final order of removal and thus not subject to the various other provisions within 1252 pertaining to judicial review of such removal orders.
INADMISSIBILITY - ALIEN SMUGGLING - WAIVER
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. Mar. 26, 2009) (en banc) (alien smuggling inadmissibility waiver under INA 212(d)(11), 8 U.S.C. 1182(d)(11), does not prevent the act of alien smuggling to be considered a bar to a finding of good moral character).
GOOD MORAL CHARACTER - ALIEN SMUGGLING BAR
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. Mar. 26, 2009) (en banc) (alien smuggling inadmissibility waiver under INA 212(d)(11), 8 U.S.C. 1182(d)(11), does not prevent the act of alien smuggling to be considered a bar to a finding of good moral character).
