IMMIGRATION CONSEQUENCES - VAWA
Harris, Zelda B. The predicament of the immigrant victim/defendant: "VAWA diversion" and other considerations in support of battered women. 23 St. Louis U. Pub. L. Rev. 49-75 (2004).
IMMIGRATION CONSEQUENCES - VAWA
Wood, Sarah M. Note. VAWAs unfinished business: the immigrant women who fall through the cracks. 11 Duke J. Gender L. & Poly 141-156 (2004).
VOLUNTARY DEPARTURE - 10 YEAR BAR TO RELIEF
Zmijewska v. Gonzalez, __ F.3d __ (2d Cir. Oct. 6, 2005) (remand to BIA to determine whether 10 year bar to relief under INA 240B(d) may be avoided by showing counsel was ineffective in failing to inform respondent of departure date).
VOLUNTARY DEPARTURE
Orichitch v. Gonzales, 421 F.3d 595 (7th Cir. Aug. 31, 2005) (denial of application for adjustment of status, based on a statutory bar triggered by failure to comply with voluntary departure order, reversed where intermediate decision to reopen removal proceedings served to vacate preexisting voluntary departure order).
http://caselaw.lp.findlaw.com/data2/circs/7th/041109p.pdf
RELIEF - VOLUNTARY DEPARTURE
Kanivets v. Gonzales, __ F.3d __, 2005 WL 2140048 (3d Cir. Sept. 7, 2005) (time allotted for voluntary departure is tolled pending ruling on motion for rehearing before the BIA).
http://caselaw.lp.findlaw.com/data2/circs/3rd/033569p.pdf
VOLUNTARY DEPARTURE - STAY
Macotaj v. Gonzales, __ F.3d __ (6th Cir. Aug. 19, 2005) (if the standard to stay removal is satisfied, the standard to stay voluntary departure is also). http://caselaw.lp.findlaw.com/data2/circs/6th/033684p.pdf
RELIEF - VOLUNTARY DEPARTURE - STOPPING THE CLOCK
Macotaj v. Gonzales, __ F.3d __ (6th Cir. June 24, 2005) (motion to stay removal, filed within the voluntary-departure period, includes a request to stay voluntary departure).
http://caselaw.lp.findlaw.com/data2/circs/6th/033684p.pdf
RELIEF - VOLUNTARY DEPARTURE - STOPPING THE CLOCK
Bocova v. Gonzales, __ F.3d ___ (1st Cir. June 24, 2005) (in order to suspend the running of an un-expired period of voluntary departure, noncitizen must explicitly request the stay before the voluntary departure period expires).
http://laws.lp.findlaw.com/1st/042175.html
RELIEF - VOLUNTARY DEPARTURE
Matter of AM, 23 I. & N. Dec. 737 (BIA 2005) (absent specific reasons for reducing the period of voluntary departure initially granted by the Immigration Judge at the conclusion of removal proceedings, the BIA will reinstate the same period of time for voluntary departure afforded to the noncitizen by the Immigration Judge), modifying Matter of Chouliaris, 16 I. & N. Dec. 168 (BIA 1977).
RELIEF -VOLUNTARY DEPARTURE
Barroso v. Gonzales, ___ F.3d ___, 2005 WL 3079103 (9th Cir. Nov. 18, 2005) (motion to reconsider is timely filed before voluntary departure period has expired, voluntary departure period is automatically tolled while awaiting a decision from the Board of Immigration Appeals on his motion).
http://caselaw.lp.findlaw.com/data2/circs/9th/0372552p.pdf
