POST CON RELIEF " JUDICIAL RECOMMENDATION AGAINST DEPORTATION

Khodja v. Holder, 666 F.3d 415 (7th Cir. Dec. 12, 2011) (immigration authorities may not deport a noncitizen on account of a conviction for which a judicial recommendation against deportation has been granted); see 8 U.S.C. 1251(b)(2) (repealed 1990); following Solis"Chavez v. Holder, 662 F.3d 462 (7th Cir. Oct. 25, 2011).

jurisdiction: 
Seventh Circuit

RELIEF " 212(c) WAIVER " TRIAL CONVICTION

Khodja v. Holder, 666 F.3d 415 (7th Cir. Dec.

jurisdiction: 
Seventh Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " DENIAL OF MOTION TO CONTINUE

Calma v. Holder, 663 F.3d 868 (7th Cir. Dec. 5, 2011) (court has jurisdiction to review denial of motion for continuance not related to merits of case; IJ did not abuse discretion in denying continuance where noncitizen's hopes of eventual adjustment were speculative and the potential process lengthy).

jurisdiction: 
Seventh Circuit

IMMIGRATION OFFENSES " ILLEGAL REENTRY " COLLATERAL ATTACK

United States v. Rodriguez-Ocampo, 664 F.3d 1275 (9th Cir. Dec. 30, 2011) (reversing sixteen-level illegal reentry sentence enhancement because defendant's waiver of judicial review of removal order was improperly taken).

jurisdiction: 
Ninth Circuit

CITIZENSHIP " DERIVATIVE CITIZENSHIP

Romero-Mendoza v. Holder, 665 F.3d 1105, 2011 WL 6318336 (9th Cir. Dec. 19, 2011) (petitioner's claim of derivative citizenship, through USC mother alone, was defeated by evidence showing his paternity was legitimated under Salvadoran law when parents married after petitioner's birth).

jurisdiction: 
Ninth Circuit

CONVICTION " NATURE OF CONVICTION " RECORD OF CONVICTION " RESPONDENTS TESTIMONY IN REMOVAL PROCEEDINGS

Pagayon v. Holder, ___ F.3d ___, 2011 WL 6091276 (9th Cir. Dec. 8, 2011) (per curiam), granting rehearing, withdrawing previous opinion, 642 F.3d 1226 (9th Cir.2011), and denying rehearing en banc ("Pagayons admission of the allegation that his drug offense involved methamphetamine was a pleading stage admission. By contrast, his admission that he was convicted of the crimes charged in the information offered by the government was an evidentiary stage admission.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " RESIDENTIAL BURGLARY

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011) (California conviction of first-degree burglary, in violation of Penal Code 459, 460(a), constituted an aggravated felony crime of violence, since the abstract of judgment established the conviction was of first-degree burglary, as defined in Penal Code 460(a) -- burglary of an inhabited dwelling house, vessel ... which is inhabited and designed for habitation, floating home ..., or trailer coach ..., or the inhabited portion of any other building.); following United States v. Becker, 919 F.2d 568, 573 (9th Cir.

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION " INCLUDED DOCUMENTS " ABSTRACT OF JUDGMENT

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011) (abstract of judgment, as a document prepared by the court, is acceptable evidence to establish the crime a defendant was convicted of; suggesting that United States v. Navidad"Marcos, 367 F.3d 903 (9th Cir. 2004) (abstract of judgment insufficient to establish crime of conviction) was overruled by United States v. Snellenberger, 548 F.3d 699 (9th Cir.2008) (en banc)).

Note: This decision speaks to the use of the abstract of judgment to identify the crime of conviction, not the nature of the conviction.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION OF ADMINISTRATIVE REMEDIES

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION OF ADMINISTRATIVE REMEDIES

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011)(respondents action in making a motion to reopen and terminate removal generally challenging the sufficiency of the evidence to show he was convicted of first-degree burglary was sufficient to exhaust the issue of the sufficiency of the abstract of judgment to prove that fact: While Kwong is required to raise every issue in the administrative proceedings, this court retains jurisdiction where the issue in question [has] been argued in a slightly different manner [below].); quoting Cruz"Navarro v. INS, 232 F.3d 1024, 1030 n.

jurisdiction: 
Ninth Circuit

 

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