RELIEF " LEGALIZATION " RETROACTIVITY

Siddiqui v. Holder, ___ F.3d ___ (7th Cir. Jan. 12, 2012) (reversing AAOs decision denying legalization because it erred in applying IIRIRAs 1996 definition of conviction, INA 101(a)((48)(A), 8 U.S.C. 1101(a)(48)(A), to Siddiquis 1992 offense because Congress did not clearly express its intent to apply the definition retroactively to individuals such as Siddiqui, whose legalization applications would have been adjudicated prior to the enactment of IIRIRA if the government had not unlawfully refused in late 1980s to accept applications from applicants who had briefly left the country).

jurisdiction: 
Seventh Circuit

CRIMES OF MORAL TURPITUDE " FAILURE TO APPEAR IN COURT

Obi v. Holder, 558 F.3d 609 (7th Cir. Mar. 3, 2009) (federal conviction of failure to appear in court, in violation of 18 U.S.C. 3146, is mentioned in dictum as a crime involving moral turpitude); but see Hussein v. Ashcroft, 2002 WL 31027604 (E.D.N.Y. Sept. 12, 2002) (federal conviction of failure to appear in court, in violation of 18 U.S.C. 3146, was not found to be a crime of moral turpitude, but court denied naturalization based on a conclusion that other convictions showed a lack of good moral character).

jurisdiction: 
Seventh Circuit

CITIZENSHIP " DERIVATIVE CITIZENSHIP

United States v. Casasola, ___ F.3d ___ (9th Cir. Jan. 30, 2012) (the defendant did not obtain derivative U.S. citizenship when his father was naturalized before he turned eighteen but his mother, still married to the father, was not; the statute as it existed at the relevant time did not deny equal protection).

jurisdiction: 
Ninth Circuit

RELIEF " WAIVERS " 212(C) RELIEF " STIPULATED FACTS TRIAL IS EQUIVALENT TO A GUILTY PLEA FOR PURPOSES OF ELIGIBILITY FOR 212(C) RELIEF

Tyson v. Holder, ___ F.3d ___ (9th Cir. Jan. 27, 2012) (We agree with Tyson that the stipulated facts trial in this case is substantially equal to a guilty plea for the purpose of 212(c) relief. We hold that applying the repeal of 212(c) relief would produce an impermissible retroactive effect on Tyson, who was convicted pursuant to a stipulated facts agreement based on a reasonable expectation that it would not negatively affect her immigration status. INS v. St. Cyr, 533 U.S. 289, 319 (2001); Landgraf v. USI Film Prods., 511 U.S. 244, 269-70 (1994).

jurisdiction: 
Ninth Circuit

POST CON REVIEW " SENTENCE " GROUNDS " DUE PROCESS " RELIANCE ON UNRELIABLE, UNSUBSTANTIATED ALLEGATIONS

United States v. McGowan, 668 F.3d 601 (9th Cir. Jan.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " NO INEFFECTIVE ASSISTANCE OF COUNSEL WHERE COUNSEL CONCEDED REMOVABILITY

Calla-Collado v. Attorney General of the U.S., 663 F.3d 680 (3d Cir. Dec. 1, 2011) (counsel's admission to removability did not constitute ineffective assistance of counsel where concession was made as tactical decision in moving to change venue, and the noncitizen was not prejudiced thereby).

jurisdiction: 
Third Circuit

DETENTION " LOCALE " NO RIGHT TO SPECIFIC LOCALE

Calla-Collado v. Attorney General of the U.S., 663 F.3d 680 (3d Cir. Dec. 1, 2011) (although respondents have right to present witnesses and evidence, there is no right to have one's hearing at a particular locale; no violation of constitutional rights where case was transferred from New Jersey to Louisiana following ICE detention transfer where noncitizen was unable to establish he was prejudiced by the transfer).

jurisdiction: 
Third Circuit

JUDICIAL REVIEW " FINALITY OF BIA DISMISSAL AND REMAND

Li v. Holder, 666 F.3d 147 (4th Cir. Dec. 2, 2011) (BIA order finding noncitizen deportable, but remanding to IJ to consider voluntary departure, is a "final order" for purposes of a petition of review; while court had jurisdiction to consider appeal of BIA decision, court chose not to exercise jurisdiction for prudential reasons).

jurisdiction: 
Fourth Circuit

AGGRAVATED FELONY " DRUG TRAFFICKING " MANUFACTURING

United States v. Reyes-Mendoza, ___ F.3d ___ (5th Cir. Dec. 15, 2011) (California conviction of manufacturing a controlled substance, in violation of Health & Safety Code 11379.6, is not categorically a drug trafficking offense, under USSG 2L1.2 (which includes an offense under . . . state . . . law that prohibits the manufacture . . .

jurisdiction: 
Fifth Circuit

CITIZENSHIP " NATURALIZED CITIZENSHIP " REVOCATION

United States v. Suarez, 666 F.3d 655 (7th Cir. Dec. 16, 2011) (INA 1101(f)(8) and the accompanying regulations prevent a person from establishing good moral character for naturalization or any other relief when the person committed criminal acts within statutory GMC period prior to naturalization, but was not indicted or convicted of the offenses until after naturalization occurred).

jurisdiction: 
Seventh Circuit

 

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