CRIMINAL DEFENSE - EVIDENCE - ADMISSIBILITY - INFORMATION ABOUT BATTERED ALIEN SPOUSES
United States v. Maswai, __ F.3d __ (8th Cir. Aug. 22, 2005) (8 U.S.C. 1367(a), which restricts use of information about battered alien spouses, applies only to proceedings to determine immigration status and does not apply to criminal proceedings).
http://caselaw.lp.findlaw.com/data2/circs/8th/043901p.pdf
IMMIGRATION CONSEQUENCES - CHILD CITIZENSHIP ACT - NOT RETROACTIVE TO CHILD OVER 18 ON ACT'S EFFECTIVE DATE
Ali v. Ashcroft, ___ F.3d ___, 2005 WL 43720 (7th Cir. Jan. 11, 2005) (Child Citizenship Act does not apply retrospectively to plaintiff, who was over the age of eighteen on the its effective date).
http://caselaw.lp.findlaw.com/data2/circs/7th/023761p.pdf
DEPORTATION - DEFENSE - AMERICAN INDIANS BORN IN CANADA
Canadian citizens, who are American Indians born in Canada, may not be deported on any ground of deportation. Matter of Yellowquill, 16 I. & N. Dec. 576, 1978 WL 36470 (BIA 1978), construing INA 289, 8 U.S.C. 1359 (nothing in Title II of the INA relating to immigration can restrict American Indians, who were born in Canada and have at least 50 percent American Indian blood, from entering or leaving the United States). This statutory right constitutes a defense to a charge of illegal reentry into the United States, in violation of 8 U.S.C.
NATURALIZATION - HABEAS CORPUS - FAILURE TO RAISE CLAIM
Rivera-Martinez v. Ashcroft, 389 F.3d 207 (1st Cir. Nov. 4, 2004) (noncitizens failure to pursue available claim that he United States citizen was citizen following direct review of order of removal as aggravated felon, procedurally defaulted claim for purpose of habeas review).
DEPORTATION - WRONGFUL - US CITIZEN - ANNA HO
Rivera v. Ashcroft, 387 F.3d 835 (9th Cir. Oct. 18, 2004) (denial of habeas corpus petition reversed where IJ Anna Ho wrongfully ordered United States citizen removed to Mexico).
RELIEF - NATURALIZATION
Rivera v. Ashcroft, 387 F.3d 835 (9th Cir. Oct. 18, 2004) (United States citizen wrongly removed to Mexico).
NATURALIZATION - U.S. "NATIONAL"
Alwan v. Ashcroft, 388 F.3d 507 (5th Cir. Oct. 18, 2004) (registering with the Selective Service, taking oath of allegiance, and applying for derivative citizenship, without a grant of such application, is insufficient to confer "national" status).
SNITCH VISA
An I-854 (for an S-Visa) may be filed by a federal or state law enforcement authority ("LEA"), which includes a "federal or state court or a U.S. Attorney's Office." An noncitizen witness in counter terrorism matter may receive protection if the noncitizen "is in danger or has been placed in danger as a result of providing such information...." (8CFR212.2(s)(2)) This seems like an acknowledgement of the "state-created danger" and duty to protect argument.
IMMIGRATION CONSEQUENCES -VISAS FOR VICTIMS OF TRAFFICKING
Cooper, Bo. A new approach to protection and law enforcement under the Victims of Trafficking and Violence Protection Act. 51 Emory L.J. 1041-1058 (2002).
NATIONAL OF THE UNITED STATES - MILITARY SERVICE DURING CONFLICT INSUFFICIENT
Reyes-Alcaraz v. Ashcroft, 363 F.3d 937, 938 (9th Cir.2004) ("service in the armed forces of the United States, along with the taking of the standard military oath, does not alter an alien's status to that of a 'national' within the meaning of the Immigration and Nationality Act").
