IMMIGRATION CONSEQUENCES - VOLUNTARY DEPARTURE - TOLLING
Azarte v. Ashcroft, 394 F.3d 1278 (9th Cir. Jan. 18, 2005) (timely motion to reopen, along with request for stay of removal, filed with BIA prior to expiration of voluntary departure period tolls voluntary departure period until the BIA issues its decision on the motion to reopen; Shaar v. INS, 141 F.3d 953, 956 (9th Cir. 1998) is inapposite, since it dealt a prior version of the law).
ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK - IJ'S FAILURE TO ADVISE RESPONDENT OF ELIGIBILITY FOR VOLUNTARY DEPARTURE
United States v. Ortiz-Lopez, 385 F.3d 1202 (9th Cir. Oct. 6, 2004) (defendant in illegal reentry case allowed to attack deportation order collaterally where IJ failed to advise him about his eligibility for voluntary departure).
RELIEF - 212(C) WAIVER - TERRORIST ACTIVITY - CONDUCT BASED
Kelava v. Gonzales, ___ F.3d ___ (9th Cir. Jan. 12, 2006) (repeal of 212(c) relief not retroactively applied to noncitizen deportable under INA 237(a)(4)(B), 8 U.S.C. 1227(a)(4)(B) [terrorist activity], even though conviction pre-dated repeal, since the terrorist ground of deportation is conduct based and therefore there can be no settled expectations upset by entering a plea).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373689oap.pdf
RELIEF - 212(C) RELIEF - NO IMPERMISSIBLE RETROACTIVE EFFECT OF LEGISLATION PRECLUDING 212(C) RELIEF FOR AGGRAVATED FELON WHERE CONVICTION RESULTED FROM JURY VERDICT
Hernandez-Castillo v. Moore, ___ F.3d ___, 2006 Wl 73748 (5th Cir. Jan. 13, 2006) (noncitizen properly held ineligible for a waiver of deportation under former INA 212(c), on account of aggravated felony conviction predating the repeal of former INA 212(c), since there was no impermissible retroactive effect of legislation precluding 212(c) relief for aggravated felon where conviction resulted from jury verdict); accord, Chambers v. Reno, 307 F.3d 284 (4th Cir. 2002); Rankine v. Reno, 319 F.3d 93, 99-100 (2d Cir. 2003).
RELIEF - ABC
Estrada-Canales v. Gonzales, ___ F.3d ___, 2006 WL 390430 (1st Cir. Feb. 21, 2006) (petition for review denied, holding (1) noncitizen waived consideration of any issue with regard to eligibility for benefits pursuant to settlement agreement in class action lawsuit relating to special procedures for asylum claims of certain Guatemalans, Am. Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D.Cal.1991), and (2) BIA did not err in holding him excludable, even though visa was not revoked prior to the commencement of journey to the United States).
RELIEF - PRIVATE BILLS
Griffith, Kati L. Student article. Perfecting public immigration legislation: private immigration bills and deportable lawful permanent residents. 18 Geo. Immigr. L.J. 273-304 (2004).
RELIEF - REINSTATEMENT OF REMOVAL
Ochoa-Carrillo v. Gonzales, __ F.3d __ (8th Cir. Fed. 15, 2006) (agency's identity determination by fingerprint was supported by substantial evidence; 8 C.F.R. 241.8 [not allowing noncitizens subject to reinstatement to go before an immigration judge] represents a reasonable interpretation of INA 241(a)(5); reinstatement procedures did not violate petitioner's due process rights).
http://caselaw.lp.findlaw.com/data2/circs/8th/042038p.pdf
RELIEF - REINSTATEMENT OF REMOVAL ORDER
Ramirez-Molina v. Ziglar, ___ F.3d ___, 2006 WL 62862 (5th Cir. Jan. 12, 2006) (to grant review of collateral attack of prior deportation order in reinstatement case, the prior deportation proceedings must have resulted in a "gross miscarriage of justice,").
ILLEGAL REENTRY - REINSTATEMENT - RETROACTIVITY
Dinnall v. Gonzales, 421 F.3d 247 (3d Cir. Sep. 1, 2005) (reinstatement of prior order of deportation under INA 241(a)(5) had an impermissibly retroactive effect to noncitizen who re-entered the United States prior to passage of IIRAIRA).
http://caselaw.lp.findlaw.com/data2/circs/3rd/042415p.pdf
RELIEF - REINSTATEMENT OF DEPORTATION - RETROACTIVITY
Labojewski v. Gonzales, ___ F.3d ___, 2005 WL 1083716 (7th Cir. May 4, 2005) (the IIRAIRA deportation reinstatement provision, 8 U.S.C. 1231(a)(5), is not impermissibly retroactive when applied to a noncitizen who reentered the United States before, but applied for adjustment of status after, the Act's effective date).
http://caselaw.lp.findlaw.com/data2/circs/7th/032755p.pdf
