Chapter 3. Immigration Consequences of Crimes of Moral Turpitude
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DETENTION " PROLONGED DETENTION " BRIGHT LINE RULE THAT DETENTION OVER SIX MONTHS IS PRESUMPTIVELY UNREASONABLE REQUIRING A BOND HEARING
Reid v. Donelan, ___ F.Supp.2d ___, 2014 WL 105026 (D.Mass. Jan 9, 2014) (detention under INA 236(c) is presumptively unreasonable after six months; detainees entitled to bond hearing after six months has passed).
RELIEF - ADJUSTMENT OF STATUS - 245(i) DEADLINE NOT SUBJECT TO EQUITABLE TOLLING ON ACCOUNT OF INEFFECTIVE ASSISTANCE OF COUNSEL
Balam-Chuc v. Mukasey, 547 F.3d 1044. (9th Cir. Oct. 24, 2008) (April 30, 2001 filing deadline for adjustment of status under INA 245(i), which allows qualifying relatives of LPRs to apply more quickly for immigrant visas, is a statute of repose and thus not subject to equitable tolling for a claim of ineffective assistance of counsel).
RELIEF - ADJUSTMENT OF STATUS
Herrera-Castillo v. Holder, 573 F.3d 1004 (10th Cir. Jul. 27, 2009) (inadmissibility for being unlawfully present in the United States for one year or more prevented adjustment of status, because 8 U.S.C. 1255(i) reasonably suggests that Congress considers aliens who accrue a period of unlawful presence more culpable than those immigration violators who do not, and thus that the former are less deserving of relief).