IMMIGRATION CONSEQUENCES - REINSTATEMENT OF REMOVAL ORDER BARS APPLICATION FOR ADJUSTMENT OF STATUS AS DEFENSE TO REMOVAL
Fernandez-Vargas v. Ashcroft, 394 F.3d 881 (10th Cir. Jan. 12, 2005) (the reinstatement statute, 8 U.S.C. 1231(a)(5) (1) provides that a prior order of removal may be reinstated against a noncitizen who has illegally re-entered the United States, and (2) bars him or her from applying for any form of "relief" under Chapter 12 of U.S.C. Title 8, which includes adjustment of status under INA 245(i), 8 U.S.C. 1255(i).).
IMMIGRATION CONSEQUENCES - JURISDICTION LIMITATION
Fernandez-Vargas v. Ashcroft, 394 F.3d 881 (10th Cir. January 12, 2005) (application to adjust status under INA 245(i) is an application for "relief" barred by INA 241(a)(5) (reinstatement of prior orders of removal)).
http://laws.lp.findlaw.com/10th/03-9610.html
ADJUSTMENT OF STATUS - CANNOT ADJUST STATUS IF ORDER OF REMOVAL REINSTATED
Berrum-Garcia v. Comfort, 390 F.3d 1158 (10th Cir. Nov. 23, 2004) (noncitizen who illegally reentered United States after removal is barred from applying to adjustment of status when INS has reinstated original order or removal under INA 241(a)(5); 8 U.S.C. 1231(a)(5), regardless of whether application was filed before or after prior order has been reinstated by INS).
ADJUSTMENT OF STATUS - ARRIVING ALIENS - CIS JURISDICTION TO ADJUST
8 CFR 1245.1(c)(8); 8 CFR 245.1(c)(8) (arriving aliens can adjust before DD only if they have not currently or formerly been put in removal proceedings). See, Government Response to Comments, "Implementing Certain Sections of the 1996 Immigration Reform Act (March 6, 1997)," 62 Fed. Reg., No. 44, pages 10311-10395.
RELIEF - CANCELLATION OF REMOVAL - CONTINUOUS PRESENCE REQUIREMENT NOT INTERRUPTED
Tapia v. Gonzales, 430 F.3d 997 (9th Cir. Dec. 6, 2005) (being turned away at the border by immigration officials does not have the same effect as an administrative voluntary departure and does not itself interrupt the accrual of an aliens continuous physical presence for purposes of cancellation of removal).
http://caselaw.lp.findlaw.com/data2/circs/9th/0374615p.pdf
JUDICIAL REVIEW - CANCELLATION - VAWA - DISCRETIONARY DECISIONS
Perales-Cumpean v. Gonzales, 429 F.3d 977 (10th Cir. Nov. 25, 2005) (whether respondent was subject to "extreme cruelty", and therefore qualifies for cancellation of removal for battered spouses, is a discretionary issue, not subject to judicial review).
RELIEF - CANCELLATION OF REMOVAL JUDICIAL REVIEW - REAL ID ACT
Martinez-Rosas v. Gonzales, __ F.3d __, 2005 WL 2174477 (9th Cir. Sept. 9, 2005) (following REAL ID Act, appellate courts continue to lack jurisdiction to review the subjective, discretionary determination that noncitizen failed to satisfy the exceptional and extremely unusual hardship requirement for cancellation of removal).
http://caselaw.lp.findlaw.com/data2/circs/9th/0436150p.pdf
RELIEF - CANCELLATION - PHYSICAL PRESENCE
Valdivia v. Gonzales, __ F.3d __, 2005 WL 2212319 (10th Cir. Sept. 13, 2005) (determination whether noncitizen is barred from cancellation of removal because of lack of physical presence is a non-discretionary issue, and therefore subject to judicial review; immigration judge properly denied cancellation due to lack of physical presence in the United States within 90 days of application for relief, under INA 240A(d)(2)).
http://laws..lp.findlaw.com/10th/049525.html
212(c) - CANCELLATION OF REMOVAL - NO SIMULTANIOUS APPLICATION
Rodriguez-Munoz v. Gonzales, __ F.3d __ (3d Cir. Aug. 16, 2005) (noncitizen convicted of aggravated felony cannot make simultaneous application for cancellation of removal and 212(c)). http://caselaw.lp.findlaw.com/data2/circs/3rd/051732p.pdf
RELIEF - CANCELLATION OF REMOVAL
Ortiz-Cornejo v. Gonzalez, __ F.3d __ (8th Cir. March 11, 2005) (physical presence required for cancellation of removal not interrupted where noncitizen was turned away at border, but without evidence that the threat of deportation was expressed by the immigration officials, and understood by the noncitizen).
