RELIEF - INA 212(d)(3) WAIVER
Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (nonimmigrant paroled into the United States for purposes of inadmissibility proceedings is not barred from making an application for a waiver under INA 212(d)(3); "At oral argument the government relied heavily on the BIA's decision in Matter of Fueyo, 20 I. & N. Dec. 84 (BIA 1989), to support its argument that it is too late now that removal proceedings are underway for Atunnise to apply for a 212(d)(3) waiver.
JUDICIAL REVIEW - GOVERNMENT MAY NOT DEFEND AGENCY RULING ON GROUNDS NOT ARTICULATED IN AGENCY DECISION - DUE PROCESS
Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) ("under SEC v. Chenery Corp., 332 U.S. 194, 67 S.Ct. 1575, 91 L.Ed. 1995 (1947), the government may not defend the agency's ruling on a ground that is not articulated-or at least discernable-in the decision itself. See Moab v. Gonzales, 500 F.3d 656, 659 (7th Cir.2007); Gebreeyesus v. Gonzales, 482 F.3d 952, 956 (7th Cir.2007); Mengistu v. Ashcroft, 355 F.3d 1044, 1046-47 (7th Cir.2004).").
CONTROLLED SUBSTANCE - SOLICITATION
Matter of Zorilla-Vidal, 24 I. & N. Dec. 768 (BIA Mar. 20, 2009) (outside the Ninth Circuit, a conviction for criminal solicitation under a States general purpose solicitation statute is a conviction for a violation of a law "relating to a controlled substance" under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i)).
CONTROLLED SUBSTANCE - SOLICITATION
Matter of Zorilla-Vidal, 24 I. & N. Dec. 768 (BIA Mar. 20, 2009) (Florida conviction of criminal solicitation, in violation of Florida Statutes 777.04(2), based on a plea of no contest to a charge of soliciting the delivery of cocaine, in violation of Florida Statutes 893.13(1)(a)(1), constituted a controlled substances conviction, under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i), for removal purposes, outside the Ninth Circuit), reaffirming Matter of Beltran, 20 I&N Dec. 521 (BIA 1992); following Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir.
CATEGORICAL ANALYSIS - REASONABLE PROBABILITY THE STATUTE WOULD BE APPLIED TO REACH CONDUCT THAT DOES NOT INVOLVE MORAL TURPITUDE
Matter of Louissaint, 24 I. & N. Dec. 754 (BIA Mar. 18, 2009) (categorical approach for determining if a particular crime involves moral turpitude set forth in Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), requires the traditional categorical analysis, which was used by the United States Supreme Court in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007), and includes an inquiry into whether there is a "realistic probability" that the statute under which the alien was convicted would be applied to reach conduct that does not involve moral turpitude).
DETENTION - BOND REDETERMINATION - ANKLE BRACELET IS CUSTODY SUFFICIENT TO ALLOW IJ TO REDETERMINE CONDITIONS OF RELEASE
Matter of Aguilar-Aquino, 24 I. & N. Dec. 747 (BIA Mar. 6, 2009) (release on ankle monitor is not a form of custody sufficiently restrictive to constitute "custody" within the meaning of INA 236 and 8 CFR 1236.1(d), so respondent had already been "released from custody," and the immigration court lacked jurisdiction to redetermine the conditions of release determined in the first instance by the District Director).
JUDICIAL REVIEW - EXHAUSTION - BIA
Hoxha v. Holder , 559 F.3d 157 (3d Cir. Mar. 2, 2009) (rejecting argument that noncitizen failed to exhaust as he clearly identified issue in the notice of appeal and did not need to reiterate and address that same issue in an optional brief).
ILLEGAL REENTRY - ELEMENTS - DEPORTATION ORDER - COLLATERAL ATTACK
Richardson v. United States, 558 F.3d 216 (3d Cir. Mar. 4, 2009) (affirming illegal reentry conviction, where defendant failed to meet his burden of proving that the written waiver of rights in his prior deportation proceeding was invalid).
POST CON RELIEF - FEDERAL - MOTION TO WITHDRAW GUILTY PLEA - GROUNDS - NEWLY DISCOVERED EVIDENCE OF INNOCENCE
United States v. Thompson-Riviere, 561 F.3d 345 (4th Cir. Mar. 26, 2009) (motion to withdraw guilty plea for illegal entry granted on the ground that defendant newly discovered evidence that defendant was a citizen).
ILLEGAL REENTRY - STATUTE OF LIMITATIONS
United States v. Uribe-Rios, 558 F.3d 347 (4th Cir. Mar. 4, 2009) (affirming illegal reentry conviction, where statute of limitations had not expired, because federal immigration authorities were not aware that defendant was present in the U.S. at the time he alleged that the statute began to run).0
