POST CON RELIEF " GROUNDS " PADILLA
United States v. Urias-Marrufo, 744 F.3d 361, 369 (5th Cir. Feb. 28, 2014) (It is counsel's duty, not the court's, to warn of certain immigration consequences, and counsel's failure cannot be saved by a plea colloquy. Thus, it is irrelevant that the magistrate judge asked Urias whether she understood that there might be immigration consequences and that she and her attorney had discussed the possible adverse immigration consequences of pleading guilty.); citing Marroquin v. United States, 480 Fed.Appx. 294, 299 (5th Cir.
CITIZENSHIP " NATURALIZATION " DISTRICT COURT JURISDICTION OVER LAWSUIT SEEKING ORDER NATURALIZING NONCITIZEN
Aljabri v. Holder, 745 F.3d 816 (7th Cir. Mar. 11, 2014) (district court had jurisdiction over noncitizens pro se suit for order naturalization or declaration of citizenship, notwithstanding the discretionary nature of the Attorney General's ruling; the USCIS had no jurisdiction to act on alien's application in manner that might moot his federal lawsuit).
VISAS " U-VISA " IJ JURISDICTION
L.D.G. v. Holder, __ F.3d __ (7th Cir. Mar. 12, 2014) (immigration judge has jurisdiction to consider noncitizens waiver request under INA 212(d)(3)(A), that would allow noncitizen to obtain U-Visa, even after the waiver has been denied by USCIS).
AGGRAVATED FELONY " CRIME OF VIOLENCE " THIRD-DEGREE ASSAULT
Roberts v. Holder, 745 F.3d 928 (8th Cir. Mar. 20, 2014) (Minnesota conviction for third-degree assault, under Minn.Stat. 609.223 subd. 1, 609.02 subd. 10. [assault of another, (2) that inflicts substantial bodily harm. Minn.Stat. 609.223 subd. 1.
AGGRAVATED FELONY " CRIME OF VIOLENCE " IMMIGRATION CRIME OF VIOLENCE DEFINITION AND ACCA VIOLENT FELONY DEFINITION ARE INTERCHANGEABLE
Roberts v. Holder, 745 F.3d 928, 930 (8th Cir. Mar. 20, 2014) (We have held that the term crime of violence found in 4B1.2(a) of the United States Sentencing Guidelines is interchangeable with the term violent felony found in the Armed Career Criminals Act (ACCA), in 18 U.S.C. 924(e)(2)(B). United States v. Williams, 537 F.3d 969, 971 (8th Cir.2008) (The present case involves the term crime of violence whereas the Supreme Court in Begay [ v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008),] interpreted the term violent felony.
RELIEF " WAIVER OF INADMISSIBILITY " INA 212(h) " AGGRAVATED FELONY BAR
Roberts v. Holder, 745 F.3d 928, 930 (8th Cir. Mar. 20, 2014) (that noncitizen adjusted status to that of an LPR after admission as a non-immigrant visitor did not preclude application of bar to waiver of inadmissibility for aliens lawfully admitted for permanent residence but later convicted of aggravated felony), following Matter of Rodriguez, 25 I. & N. Dec. 784, 789 (BIA 2012); disagreeing with Bracamontes v. Holder, 675 F.3d 380, 385-386 (4th Cir.
REMOVAL PROCEEDINGS " REINSTATEMENT OF REMOVAL
Ortega v. Holder, ___ F.3d ___, 2014 WL 1273767 (9th Cir. Mar. 31, 2014) (application of the reinstatement statute was not impermissibly retroactive, because petitioner had taken no action to vest any right he may have initially had to renew his application for adjustment of status).
CRIMES OF MORAL TURPITUDE " DEPORTATION " SENTENCE
Ceron v. Holder, ___ F.3d ___, ___, 2014 WL 1274096 (9th Cir. Mar. 31, 2014) (en banc) (California wobbler offense is a conviction for a crime for which a sentence of one year or longer may be imposed, since even if when treated as a misdemeanor, the maximum penalty is incarceration for one year), overruling Garcia-Lopez v. Ashcroft, 334 F.3d 840, 843 (9th Cir. 2003) and Ferreira v. Ashcroft, 382 F.3d 1045, 1051 (9th Cir. 2004), to the extent that they misstated California law.
CRIMES OF MORAL TURPITUDE " ASSAULT WITH A DEADLY WEAPON
Ceron v. Holder, ___ F.3d ___, ___ (9th Cir. Mar. 31, 2014) (en banc) (California conviction of assault with a deadly weapon, in violation of Penal Code 245(a)(1), might no longer constitute a crime of moral turpitude, since: Barber is no longer good law for the proposition that 245(a)(1) categorically describes a CIMT, and that G-R- is unpersuasive and not worthy of deference on the point[, and] Carr v. INS, 86 F.3d 949 (9th Cir. 1996), is no longer good law for its holding that CPC 245(a)(2) is not a categorical CIMT; issue remanded to the BIA); overruling Gonzales v.
TEMPORARY REDISENT STATUS " REVOCATION
United States v. Hernandez-Arias, 745 F.3d 1275 (9th Cir. Mar. 21, 2014) (termination of defendant's temporary status operated to revoke any "admission" resulting from the prior adjustment of status, rendering the defendant unadmitted and removable, so removal order was not fundamentally unfair).