United States v. Figueroa-Alvarez, ___ F.3d ___, 2015 WL 4620324 (8th Cir. Aug. 4, 2015) (Iowa conviction for committing third-degree attempted burglary, an aggravated misdemeanor punishable by up to two years in prison under state law, Iowa Code 713.6B, 903.1(2), constituted a felony under federal criminal law, for illegal reentry sentencing purposes).

Velasco-Tijero v. Lynch, 796 F.3d 617 (6th Cir. Aug. 6, 2015) (non-LPR cancellation of removal criminal bars, under 8 U.S.C. 1229b(b)(1)(C), INA 240A(b)(1)(C), apply retroactively to noncitizens who were convicted prior to IIRAIRA, but placed into removal proceedings after IIRAIRA).

NOTE: This case found the noncitizen barred because his crime would have made him deportable under 8 U.S.C. 1227(a)(2)(A)(i), for a single CMT conviction punishable by at least one year in jail. The court did not address the issues decided in Matter of Cortez, 25 I&N Dec.

Ortiz v. Lynch, __ F.3d __ (8th Cir. Aug. 6, 2015) (Minnesota conviction for violation of Minn.Stat. 609.50, subd. 2(2), obstruction of legal process, is not an aggravated felony crime of violence under 8 U.S.C. 1101(a)(43)(F), INA 101(a)(43)(F), since the minimum amount of force required to sustain a conviction under the obstruction of legal process is not violent force as required by 18 U.S.C. 16).

United States v. Rivera-Constantino, __ F.3d __ (9th Cir. Aug. 19, 2015) (federal conviction for conspiracy to possess marijuana with intent to distribute, in violation of 21 USC 846, 841(a)(1) is a drug trafficking conspiracy offense for illegal re-entry sentencing purposes, under USSG 2L1.2(b)(1), triggering a 16 level enhancement).

Salazar-Gonzales v. Lynch, 798 F.3d 917 (9th Cir. Aug. 20, 2015) (noncitizen entitled to equitable tolling on untimely motion to reopen due to prior counsels advice to pursue a form of immigration relief for which the noncitizen was statutorily ineligible; counsels incorrect advice that client could pursue consular processing caused noncitizen to forego right to appeal).

Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015) (where noncitizens first asylum application was filed before May 11, 2005, and a second application was submitted after that date, the filing date later application controls if it is properly viewed as a new application).

Etenyi v. Lynch, __ F.3d __ (8th Cir. Aug. 21, 2015) (noncitizen inadmissible and ineligible for adjustment of status where evidence shows noncitizen claimed U.S. citizenship on Form I-9 application).

Veloz-Luvevano v. Lynch, __ F.3d __ (10th Cir. Aug. 31, 2015) (Colorado conviction for criminal impersonation, in violation of Col.Rev.Stat. 18"5"113(1)(d), for possession of a forged social security card to allow him to work, is a categorical crime of moral turpitude for immigration purposes).

NOTE: The judge in this case had clear distain for the noncitizen, and dismissed out of hand, what were likely legitimate minimum conduct arguments. The court also made no mention of Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000).

Rubmand v. USCIS, __ F.3d __ (7th Cir. Aug. 31, 2015) (USCIS failed to conduct adequate search in response to FOIA request, since USCIS did not look for the type of record (statistics) requested).

By Norton Tooby

Inadmissibility for a conviction of a crime involving moral turpitude, which constitutes a violent or dangerous offense, cannot be waived under INA 212(h) absent exceptional and extremely unusual hardship or national security reasons. 8 CFR 1212.7(d). See discussion of same standard in Matter of Jean, 23 I. & N. Dec. 373 (AG 2002). See also N. TOOBY & J.J. ROLLIN, CRIMINAL DEFENSE OF IMMIGRANTS 24.29 (2012).

A May 27, 2003 USCIS memorandum clarified that the applicable hardship standard under 8 C.F.R.