NEW GOOD MORAL CHARACTER - BAR - COMMISSION OF ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR OTHER LISTED ATROCITIES
Section 5504 of the IRTPA created a new bar to showing good moral character under INA 101(f)(9), for noncitizens if, as foreign government officials, they have committed "severe violations of religious freedom" (as defined in the International Religious Freedom Act of 1998). Intelligence Reform and Terrorism Prevention Act of 2004 ("IRTPA"), 5504, Pub. L. No. 108-458; S. 2845, 108th Congress (Signed Dec. 17, 2004).
GOOD MORAL CHARACTER
Where a showing of Good Moral Character is required, the noncitizen must pass two hurdles: First, the applicant cannot have a conviction on the list enumerated in INA 101(f), 8 U.S.C. 1101(f), during the period for which Good Moral Character must be shown, in order to avoid a complete bar to showing GMC. Second, the regulations contain a catch-all provision, 8 CFR 316.10(b)(3)(iii), which includes a much broader group of problems, including a conviction listed on INA 101(f) committed prior to the beginning of the period during which Good Moral Character must be shown.
INADMISSIBILITY - REENTRY AFTER DEPORTATION
Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006) (noncitizen who reenters United States without admission after having been removed held inadmissible under INA 212(a)(9)(C)(i)(II), 8 U.S.C. 1182(a)(9)(C)(i)(II), even if s/he obtained Attorney Generals permission to reapply for admission prior to reentering unlawfully).
RELIEF - NON-LPR CANCELLATION OF REMOVAL - JUDICIAL REVIEW
Lopez v. Gonzales, ___ F.3d ___ (7th Cir. Oct. 26, 2005) (while calculation of continuous residence is a statutory issue over which the court has jurisdiction, whether the respondent lacks good moral character is a discretionary issue, over which the court lacks jurisdiction). http://caselaw.lp.findlaw.com/data2/circs/7th/042959p.pdf
RELIEF - CANCELLATION FOR NON-LPRS - CONTINUOUS PRESENCE CONTINUES TO ACCRUE, DESPITE BRIEF DEPARTURE AND INFORMAL UNSUCCESSFUL ATTEMPT TO REENTER, UNTIL FORMAL EXCLUSION PROCESS OCCURS
Matter of Avilez-Nava, 23 I. & N. Dec. 729 (BIA Aug. 10, 2005) (brief departure of undocumented noncitizen does not stop-time for purposes of non-LPR cancellation unless, during that attempted reentry, noncitizen was formally excluded or made subject to an order of expedited removal, was offered and accepted the opportunity to withdraw an application for admission, or was subjected to some other formal, documented process pursuant to which noncitizen was determined to be inadmissible to the United States).
RELIEF - CANCELLATION FOR NON-LPRS - CONTINUOUS PRESENCE RULE
Garcia-Ramirez v. Gonzales, ___ F.3d ___, 2005 WL 2045773 (9th Cir. Aug. 26, 2005) (Congress made the 90/180 days absence rule, at 8 U.S.C. 1229b(d)(2), explicitly retroactive to include periods of absence that occurred prior to IIRAIRA).
RELIEF - CANCELLATION FOR NON-LPRS - GMC PERIOD CONTINUES UNTIL FINAL ADMINISTRATIVE DECISION BY IJ OR BIA GOOD MORAL CHARACTER - CANCELLATION FOR NON-LPRS - GMC PERIOD CONTINUES UNTIL FINAL ADMINISTRATIVE DECISION BY IJ OR BIA
Matter of Ortega-Cabrera, 23 I. & N. Dec. 793 (BIA July 21, 2005) (since application for non-LPR cancellation of removal under INA 240A(b)(1), is a continuing one for purposes of evaluating moral character, the period during which good moral character must be established ends with the entry of a final administrative decision by the Immigration Judge or the Board of Immigration Appeals).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3516.pdf
IMMIGRATION CONSEQUENCES - CANCELLATION OF REMOVAL FOR NON-LPRS
Santana-Albarran v. Ashcroft, 393 F.3d 699 (6th Cir. Jan. 10, 2005) (petition for review denied where noncitizen failed to establish that he had been physically present in the United States for a continuous ten-year period).
http://caselaw.lp.findlaw.com/data2/circs/6th/033472p.pdf
RELIEF - NON-LPR CANCELLATION - HARDSHIP STANDARD NOT UNCONSTITUTIONAL
Salvador-Calleros v. Ashcroft, 389 F.3d 959 (9th Cir. Nov. 23, 2004) (exceptional and extremely unusual hardship standard applied to non-LPR cancellation of removal does not violate due process as being overly strict).
RELIEF - CANCELLATION OF REMOVAL
Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649 (9th Cir. November 29, 2004) (inadmissible noncitizen who was convicted of a crime of domestic violence is also ineligible for cancellation of removal for non-LPRs under 8 U.S.C. 1229b(b)(1)(C))
