REMOVAL PROCEEDINGS - EVIDENCE
Kim v. Holder , 560 F.3d 833 (8th Cir. Mar. 26, 2009) ("The federal rules of evidence, however, do not apply in immigration proceedings. Solis v. Mukasey, 515 F.3d 832, 835-36 (8th Cir.2008). Hearsay evidence is therefore admissible if it is probative and its admission is fundamentally fair. Id. at 836 (quoting Nyama v. Ashcroft, 357 F.3d 812, 816 (8th Cir.2004)").
REMOVAL PROCEEDINGS - BURDEN - RETURNING LAWFUL PERMANENT RESIDENTS
Kim v. Holder , 560 F.3d 833 (8th Cir. Mar. 26, 2009) (noncitizen who obtained LPR status by fraud cannot argue government bears burden upon return to the United States under INA 101(a)(13)(C).)
RELIEF - LPR CANCELLATION OF REMOVAL
Kim v. Holder, 560 F.3d 833 (8th Cir. Mar. 26, 2009) (noncitizen who obtained LPR status by fraud is not eligible for cancellation of removal f under INA 240A(a)).
IMMIGRATION OFFENSES - FALSE STATEMENT AND ILLEGAL RE-ENTRY
United States v. McKinzie, 557 F.3d 931 (8th Cir. Mar. 11, 2009) (thirty-month sentence for false statement to a federal officer reasonable when running concurrently with sentence for illegal re-entry).
AGGRAVATED FELONY - CRIME OF VIOLENCE - STATUTORY RAPE CD4:24.29;AF:2.45;CMT3:3.44 RELIEF - INA 212(h) WAIVER - VIOLENT CRIMES
United States v. Christensen, 559 F.3d 1092 (9th Cir. Mar. 23, 2009) (Washington state conviction of statutory rape, in violation of Washington Revised Code 9A.44.079, did not constitute a "violent felony," so as to justify a sentence enhancement from 10 to 15 years for being a felon in possession of ammunition in violation of 18 U.S.C. 922(g)(1) and 924, under the categorical approach of Taylor v. United States, 495 U.S. 575 (1990), because that offense may involve consensual sexual intercourse).
POST CON RELIEF - GROUNDS - MENTAL COMPETENCY
United States v. Ferguson, 560 F.3d 1060 (9th Cir. Mar. 27, 2009) (child pornography conviction is vacated, where after trial Supreme Court decided Indiana v. Edwards, 128 S. Ct. 2379 (2008), prescribing a different standard for evaluating a defendant's mental competency than the one used by the District Court).
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION OF ADMINISTRATIVE REMEDIES
Omari v. Holder, ___ F.3d ___, 2009 WL 531688 (5th Cir. Mar. 4, 2009) (noncitizen failed to exhaust administrative remedies on four issues, rejecting argument that he effectively -- if not explicitly -- raised the issues before the BIA, giving the BIA notice adequate to satisfy the exhaustion requirement, because allowance of "effective" exhaustion runs contrary to the purposes of 8 U.S.C. 1252(d).)
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION OF ADMINISTRATIVE REMEDIES - LACK OF JURISDICTION TO EXCUSE NONCOMPLIANCE WITH EXHAUSTION REQUIREMENT
Omari v. Holder, ___ F.3d ___, 2009 WL 531688 (5th Cir. Mar. 4, 2009) (court of appeal has no authority to excuse failure to comply with statutory jurisdictional requirement of exhaustion of administrative remedies), following Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 2364-66, 168 L.Ed.2d 96 (2007).
POST CON RELIEF - GROUNDS - CONFRONTATION - IMMIGRATION OFFENSES - ILLEGAL ENTRY
United States v. Tirado-Tirado, __ F.3d __, 2009 WL 711921 (5th Cir. Mar. 19, 2009) (conviction vacated because defendant was deprived of Sixth Amendment right to cross-examine where the government introduced a videotaped deposition of a witness at trial, and there was an insufficient showing that the witness was unavailable).
AGGRAVATED FELONY - STATUTORY RAPE
United States v. Munoz-Ortenza, __ F.3d __, 2009 WL 693146 (5th Cir. Mar. 18, 2009) (California conviction for oral copulation of a minor, in violation of Penal Code 288a(b)(1), was not necessarily "sexual abuse of a minor," and thus not a "crime of violence" for illegal re-entry sentencing purposes, since the offense may be committed against a person under 18, while the minor must be under 16 to qualify as "sexual abuse of a minor."), following United States v. Lopez-DeLeon, 513 F.3d 472 (5th Cir.), cert. denied, __ U.S. __, 128 S.Ct.
