Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017) (res judicata does not apply to removal proceedings involving the same respondent in the same immigration status, the same conviction, and the same underlying facts, as long as ICE has charged the noncitizen under a different aggravated felony category than the aggravated felony category charged in the initial proceedings; because the legal theory is different, the operative facts are also different; Congresss intent to deport aggravated felons overcomes any reasoning behind the concept of res judicata), disagreeing with Bravo-Pedroza v.

The Deported: Immigrants Uprooted from the Country They Call Home
https://features.hrw.org/features/the_deported/index.html
Human Rights Watch report on immigration arrests and deportations in 2017, details of the human impact of removal on undocumented immigrants, their families, and their communities. The report draws on 43 interviews with long-term immigrants deported since 2016.

Acquaah v. Sessions, 874 F.3d 1010 (7th Cir. Nov. 6, 2017) (BIA erred in determining noncitizen was ineligible for fraud waiver under INA 1227(a)(1)(H), which waives not only a charge formally based on fraud, but also any grounds of inadmissibility directly resulting from such fraud or misrepresentation.).

United States vs. Sanchez Molinar, 876 F.3d 953 (9th Cir. Nov. 29, 2017) (Arizona conviction for robbery, in violation of Ariz. Rev. Stat. 13-1904(A), which includes merely possessing a fake gun during the commission of a robbery without mentioning or brandishing it, is not a crime of violence for purposes of the ACCA because the minimum conduct necessary to commit the offense is not sufficiently violent for to qualify as a crime of violence under Johnson v. United States, 559 U.S. 133 (2010)).

Nardea v. Sessions, 876 F.3d 675 (4th Cir. Nov. 29, 2017) (although DHS failed to produce evidence that noncitizen signed the I-94W form agreeing to waive rights under the Visa Waiver Program, the documents produced were sufficient to establish that noncitizen had waived his right to a fair hearing when threatened with deportation).

United States v. Jones, 877 F.3d 884 (9th Cir. Dec. 15, 2017) (Arizona conviction for armed robbery, under A.R.S. 13-1904, is not a violent felony for purposes of the ACCA, because Arizona's armed robbery does not require the use of force), following United States v. Molinar, 876 F.3d 953 (9th Cir. 2017).

United States v. Werle, 877 F.3d 879 (9th Cir. Dec. 13, 2017) (Washington conviction of felony harassment, in violation of R.C.W. 9A.46.020(2)(b)(ii) [knowingly threaten to kill], is a crime of violence for illegal reentry sentencing purposes, even if the threat could be for an indeterminate time in the future and even if it may include a threat to use poison).

Lucio-Rayos v. Sessions, 875 F.3d 573 (10th Cir. Nov. 14, 2017)(assumed moral turpitude conviction disqualified respondent from eligibility for discretionary cancellation of removal, and qualifying for the petty offense exception to moral turpitude inadmissibility would not change this result); following In re Cortez Canales, 25 I&N Dec. 301, 303-04 (BIA 2010); see also Mancilla-Delafuente v. Lynch, 804 F.3d 1262, 1265-66 (9th Cir. 2015); Hernandez v. Holder, 783 F.3d 189, 191-96 (4th Cir. 2015).

Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017) (in considering whether a violation of a domestic violence protection order renders a noncitizen deportable, under INA 237(a)(2)(E)(ii), an IJ should consider the probative and reliable evidence regarding what a state court has determined about the violation), clarifying Matter of Strydom, 25 I&N Dec. 507 (BIA 2011).

NOTE: While the court stated that neither the categorical, nor the circumstance-specific approaches were applicable to this ground, the board stated that any reliable evidence could be submitted.

Conejo Bravo v. Sessions, 875 F.3d 890 (9th Cir. Nov.17, 2017) (California conviction of hit and run, under Vehicle Code 20001(a), is under a divisible statute; the record established that noncitizen failed to render aid, which is a crime of moral turpitude); see Garcia-Maldonado v. Gonzales, 491 F.3d 284, 290 (5th Cir. 2007) (holding that Texas hit and run law qualifies as a CIMT, as "the failure to stop and render aid after being involved in an automobile accident is the type of base behavior that reflects moral turpitude").