POST CON RELIEF"VEHICLES"HABEAS CORPUS"CUSTODY REQUIREMENT"FEDERAL SUPERVISED RELEASE DOES NOT TERMINATE ON DEPORTATION
United States v. Roccisano, 673 F.3d 153 (2d Cir. Mar. 14, 2012) (a federal term of supervised release does not terminate upon deportation, so a later illegal-reentry sentence was not improperly increased by assessing a two-point criminal history enhancement for having committed the crime while on supervised release).
DETENTION"RIGHT TO INDIVIDUALIZED BOND HEARING
Leslie v. Attorney General, 2012 WL 898614 (3d Cir. Mar. 19, 2012) (unpublished) (noncitizen was entitled to an individualized bond hearing, to determine whether continued immigration detention was necessary, where the detention was "pre-removal" under 8 U.S.C. 1226, rather than "post-removal" under 8 U.S.C. 1331, and thus could not exceed a reasonable length of time).
JUDICIAL REVIEW"DISTRICT COURTS JURISDICTION TO REVIEW NATURALIZATION DENIALS
Gonzalez v. Secy of Dept of Homeland Security, 2012 WL 898609 (3d Cir. Mar. 19, 2012) (unpublished) (the jurisdiction vested in district courts by 8 U.S.C. 1421(c) to review naturalization denials is not divested by the priority given to removal proceedings under 8 U.S.C. 1429; district court may grant declaratory relief in the naturalization case notwithstanding the role it may play in terminating a removal proceeding).
ADMISSION"VISA WAIVER PROGRAM
Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown).
RELIEF"WAIVERS"212(H) WAIVER"AGGRAVATED FELONY BAR
Bracamontes v. Holder, 675 F.3d 380 (4th Cir. Mar. 29, 2012) (aggravated felony bar on eligibility for a waiver under INA 212(h) applies only to people who entered the United States as lawful permanent residents, not to those who later adjusted status to become lawful permanent residents); Lanier v. U.S. Attorney General, 631 F.3d 1363, 1366 (11th Cir. 2011); Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir. 2008); Hing Sum v. Holder, 602 F.3d 1092, 1101 (9th Cir. 2010) (Procedure, and not substance, is determinative of an admission into the United States under 1101(a)(13)(A) and 212(h).
IMMIGRATION OFFENSES"IMMIGRATION FRAUD
United States v. Castillo-Pena, 674 F.3d 318 (4th Cir. Mar. 22, 2012) (the "cumulative context" in which noncitizen's statements were made provided a substantial foundation for the jury's conclusion of willful misrepresentation).
IMMIGRATION OFFENSES"ILLEGAL REENTRY"CLAIM TO CITIZENSHIP
United States v. Juarez, 672 F.3d 381 (5th Cir. Feb. 24, 2012) (convictions for illegal reentry, under 8 U.S.C. 1326, and false claim to United States citizenship, under 18 U.S.C. 911, vacated for ineffective assistance of counsel in failing to investigate plausible derivative citizenship claim).
REMOVAL PROCEEDINGS"EVIDENCE"EXCLUSION OF TESTIMONY
Delgado v. Holder, 674 F.3d 759 (7th Cir. Mar. 22, 2012) (IJ's behavior did not prevent the petitioner from having a reasonable opportunity to present his case, nor was the petitioner prejudiced by the exclusion of testimony that he argued was inappropriately excluded).
RELIEF"JUDICIAL REVIEW"CANCELLATION OF REMOVAL
Munoz-Pacheco v. Holder, 673 F.3d 741 (7th Cir. Mar. 14, 2012) (court lacks jurisdiction to review hardship discretionary issue).
RELIEF"WAIVERS"212(C) WAIVER"JURY TRIAL CONVICTIONS
Peng v. Holder, 673 F.3d 1248, 1250-1251 (9th Cir. Mar. 22, 2012) (The enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which repealed the waiver of deportation under Immigration and Naturalization Act (INA) 212(c), 8 U.S.C. 1182(c), does not affect the right of aliens to use the 212(c) waiver, when such aliens proceeded to trial and were convicted of a crime involving moral turpitude prior to the enactment of IIRIRA.