IMMIGRATION CONSEQUENCES - CANCELLATION FOR NON-LPRS - BRIEF DEPARTURE DID NOT BREAK CONTINUOUS PRESENCE
Reyes-Vasquez v. Ashcroft, ___ F.3d ___, 2005 U.S. App. LEXIS 1220 (8th Cir. January 25, 2005) (where noncitizen returned to Mexico for only about two weeks to visit his ailing grandfather, the record is insufficient to establish that the his experience of being put across the border in 1990 constituted voluntary departure "under threat of deportation" so as to legally break his continuous period of physical presence in the United States, for purposes of qualifying for cancellation for non-LPRs, under 8 U.S.C.
IMMIGRATION CONSEQUENCES - CANCELLATION FOR NON-LPRS - JUDICIAL REVIEW OF DENIAL PROPER WHERE IMMIGRATION COURTS IMPROPERLY DETERMINED NONCITIZEN LACKED ELIGIBILITY FOR THIS DISCRETIONARY RELIEF
Reyes-Vasquez v. Ashcroft, ___ F.3d ___, 2005 WL 147116 (8th Cir. January 25, 2005) (petition for review of the determination of the Immigration Judge and the BIA that noncitizen is not entitled to cancellation of removal under 8 U.S.C. 1229b(b) may be considered despite the lack of a reasoned opinion, and is granted because, "[a]lthough the decision to grant cancellation of removal is a discretionary act by the Attorney General that we may not review, 8 U.S.C. 1252(a)(2)(B); Halabi v. Ashcroft, 316 F.3d 807, 808 (8th Cir.
RELIEF - CANCELLATION FOR LAWFUL PERMANENT RESIDENTS - CONTINUOUS RESIDENCE REQUIREMENT - PRESENCE AS UNEMANCIPATED MINOR RESIDING WITH LAWFULLY ADMITTED MOTHER
Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. Dec. 7, 2005) (for purposes of satisfying the seven-years of continuous residence "after having been admitted in any status" required for cancellation of removal under 9 U.S.C. 1229b(a), a parents admission for permanent resident status is imputed to the parents unemancipated minor children residing with the parent).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373562p.pdf
RELIEF - LPR CANCELLATION - CONTINUOUS PRESENCE - NEW PERIOD STARTS WITH ADMISSION AFTER COMMISSION OF OFFENSE
Okeke v. Gonzales, ___ F.3d ___ (3d Cir. May 18, 2005) (new period of continuous physical presence in the United States begins with lawful reentry to the United States after commission of an offense).
http://caselaw.lp.findlaw.com/data2/circs/3rd/031831p.pdf
RELIEF - NON LPR CANCELLATION
Jean v. Gonzales, __ F.3d __ (4th Cir. Jan. 27, 2006) (determination of whether non-LPR has good moral character for purposes of cancellation of removal is a non-discretionary factor subject to judicial review).
RELIEF - CANCELLATION FOR NON-LPRS - PHYSICAL PRESENCE REQUIREMENT BROKEN BY VOLUNTARY DEPARTURE UNDER THREAT OF DEPORTATION
Mendez-Reyes v. Atty Gen., 428 F.3d 187 (3d Cir. Nov. 1, 2005) (denial of cancellation of removal for non-LPR affirmed, since requirement of ten years physical presence in the United States was broken by the prior voluntary departure under threat of deportation).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044522p.pdf
RELIEF - CANCELLATION OF REMOVAL FOR NON-LPRS - DOMESTIC VIOLENCE CONVICTION
Loeza-Dominguez v. Gonzales, 428 F.3d 1156 (8th Cir. Nov. 17, 2005) (Minnesota conviction of malicious punishment of a child in violation of Minn.Stat. 609.377(1) ("intentional acts with respect to a child, [that] evidence[] unreasonable force or cruel discipline that is excessive under the circumstances"), constituted a crime of "child abuse" under INA 237(a)(2)(E)(i), 8 U.S.C.
POST CON RELIEF - FINALITY OF ORDER VACATING CONVICTION
The DHS is arguing that if the prosecution appeals a trial court order vacating the criminal judgment against the defendant, the immigration court can continue to treat the case as if the conviction is still in effect.
SOCIAL SECURITY - SSI INELIGIBILITY BASED ON ALIEN STATUS
Joubert v. Barnhart, 396 F.Supp.2d 1320 (S.D. Fla. Aug. 8, 2005) (lawfully admitted noncitizen held eligible for Supplemental Security Income under Programs Operations Manual System (POMS) SI 00502.100.A3 ["Cuban/Haitian entrant under one of the four categories in Section 501(e) of the Refugee Education and Assistance Act of 1980 (see SI 00502.108B.)"]).
AGGRAVATED FELONY - EFFECT OF AGGRAVATED FELONY OFFENSES NOT CHARGED IN NTA AS AGGRAVATED FELONIES - IMMIGRATION CONSEQUENCES - RELIEF
Taylor v. United States, __ F.3d __ (11th Cir. Jan. 18, 2005) (commission of an aggravated felony offense bars noncitizen from applying for relief not allowed to noncitizens convicted of aggravated felonies, even if immigration authorities fail to charge the noncitizen with deportability as an aggravated felon).
