RELIEF - CANCELLATION OF REMOVAL - CONTINUOUS RESIDENCE OF PARENT IMPUTED TO MINOR DEPENDENT CHILD
Cuevas-Gaspar v. Ashcroft, 430 F.3d 1013 (9th Cir. Dec. 7, 2005) (lawful admission and legal permanent residence of parent could be imputed to minor dependent child to satisfy continuous residence following admission requirement for cancellation of removal).
RELIEF - CANCELLATION OF REMOVAL
Cabrera-Alvarez v. Gonzales, 423 F.3d 1006 (9th Cir. Sept. 8, 2005) (immigration judge did not err by declining to interpret INA 240A(b)(1)(D) in a manner consistent with international law).
http://caselaw.lp.findlaw.com/data2/circs/9th/0472487p.pdf
RELIEF - ADJUSTMENT OF STATUS - SPECIAL AGRICULTURAL WORKERS RELIEF - CANCELLATION OF REMOVAL - STOP TIME RULE
Perez-Enriquez v. Gonzalez, __ F.3d __, 2005 WL 1389114 (9th Cir.
IMMIGRATION CONSEQUENCES - CANCELLATION - STOP TIME RULE - FIREARMS CONVICTION DOES NOT STOP THE CLOCK FOR CANCELLATION
Matter of Campos-Torres, 22 I. & N. Dec. 1289 (BIA 2000) (firearms conviction does not stop the clock for cancellation of removal unless it constitutes a CMT or controlled substances conviction).
RELIEF - CANCELLATION - STOP TIME RULE IMPERMISSIBLY RETORACTIVE
Mulholland v. Ashcroft, __ F.Supp.3d __ (E.D.N.Y. Oct. 25, 2004) (IIRAIRA Stop-Time rule cannot be applied to bar cancellation of removal based upon pre-IIRAIRA conviction of a crime involving moral turpitude).
PROSECUTORIAL DISCRETION
In her memorandum dated November 17, 2000 ["Meissner Memo."], Commissioner Meissner stated: "Even when an immigration officer has a reason to believe that an alien is removable and that there is sufficient evidence to obtain a final order of removal, it may e appropriate to decline to proceed with the case. This is true even when an alien is removable based on his or her criminal history and when the alienif served with the NTAwould be subject to mandatory detention." Meissner Memo at 6.
IMMIGRATION CONSEQUENCES - DEFERRED ACTION - PROSECUTORIAL DISCRETION Paul W.
Virtue, Restoring Fairness: A Look at Prosecutorial Discretion, 12 Benders Immigr. Bull.
IMMIGRATION CONSEQUENCES - DETENTION - INDEFINITE DETENTION OF INADMISSIBLE NONCITIZENS - ZADVYDAS APPLIES TO INADMISSIBLE NONCITIZENS AS WELL AS DEPORTABLE NONCITIZENS
Clark v. Martinez, 125 S.Ct. 716, 2005 WL 50099 (January 12, 2005) (under 8 U.S.C. 1231(a)(6), the DHS may detain inadmissible aliens beyond the 90-day removal period, but only for so long as is reasonably necessary to achieve removal).
http://laws.lp.findlaw.com/us/000/03-878.html
DETENTION - NEW WEBSITE
IMMIGRATION CONSEQUENCES - REINSTATEMENT OF REMOVAL ORDER STATUTE APPLIES RETROACTIVELY AGAINST NONCITIZEN, SINCE BOTH FILING OF ADJUSTMENT APPLICATION AND MARRIAGE ON WHICH APPLICATION WAS BASED OCCURRED AFTER EFFECTIVE DATE OF REINSTATEMENT STATUTE
Fernandez-Vargas v. Ashcroft, 394 F.3d 881 (10th Cir. Jan. 12, 2005) (the reinstatement statute, 8 U.S.C. 1231(a)(5) (1), bars noncitizen from applying for any form of "relief" under Chapter 12 of U.S.C. Title 8, including adjustment of status under INA 245(i), 8 U.S.C. 1255(i), and there is no impermissible retroactive effect where both the filing of the application to adjust status, and the marriage upon which the application is based, occurred after the effective date of the reinstatement statute).
