Carrillo de Palacios v. Holder, ___ F.3d ___ (9th Cir. Dec. 1, 2011) (withdrawing from prior decision which had stated INA 212(a)(9)(C)(i)(II), 8 U.S.C. 1182(a)(9)(C)(i)(II) barred adjustment of status for undocumented persons who left the United States prior to April 1, 1997 and re-entered after April 1, 1997), withdrawing prior opinion at 651 F.3d 969 (9th Cir. 2011).
http://www.ca9.uscourts.gov/datastore/opinions/2011/12/01/09-72059.pdf

Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (California conviction of corporal injury of a spouse, in violation of Penal Code 273.5(a), did not categorically constitute a crime involving moral turpitude, because it includes victims other than a spouse); distinguishing Grageda v. INS, 12 F.3d 919 (9th Cir.

Maldonado v. U.S. Atty General, 664 F.3d 1369, 2011 WL 6439350 (11th Cir. Dec. 22, 2011) (res judicata did not bar the new removal proceedings charging conviction as sexual abuse of a minor aggravated felony where that aggravated felony ground did not exist when the prior proceedings were terminated).

United States v. Martinez-Gonzalez, 663 F.3d 1305 (11th Cir. Dec. 6, 2011) (per curiam) (Alabama conviction of possession of forged documents with intent to defraud, in violation of Ala.Code 13A"9"6, constituted an aggravated felony forgery offense, under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), because it was an offense related to forgery); accord, United States v. Chavarria"Brito, 526 F.3d 1184, 1186 (8th Cir. 2008) (conviction for the possession of a false document with the intent to perpetrate a fraud constitutes an aggravated felony under U.S.S.G. 2L1.2(b)(1)(C)); Richards v.

Judulang v. Holder, ___ U.S. ___, 132 S.Ct. 476 (Dec. 12, 2011) (the comparable grounds test applied by the BIA in Matter of Blake is arbitrary and capricious under the Administrative Procedure Act, 5 U. S. C. 706(2)(A); noncitizens in deportation proceedings are eligible for relief under INA 212(c) if otherwise qualifying conviction triggers some waivable ground of inadmissibility).

State v. Reynua, ___ Minn. App. ___ (Ct.App. Dec. 5, 2011) (Immigration Reform and Control Act, INA 274A, 8 U.S.C. 1324a (2006), preempts state prosecution of a job applicant for perjury or forgery involving the I-9 federal form for employment-eligibility verification).
PCN:6.51;CPCR: 7.51

People v. Arriaga, 201 Cal.App.4th 439, 133 Cal.Rptr.3d 807 (2d Dist. Dec. 1, 2011) (We conclude that no certificate of probable cause was required, [to appeal from the denial of a motion to vacate the conviction under Penal Code 1016.5(a)].).

Note: There is now a split in the courts of appeal on the question whether a certificate of probable cause to appeal is required to appeal denial of a motion to vacate under Penal Code 1016.5. Compare People v. Arriaga, ___ Cal.App.4th ___, ___, ___ Cal.Rptr.3d ___, 2011 WL 6002931 (2d Dist. Dec.

People v. Arriaga, 201 Cal.App.4th 439, 133 Cal.Rptr.3d 807 (2d Dist. Dec. 1, 2011) (affirming trial courts denial of a motion to vacate the conviction under Penal Code 1016.5(a), finding no abuse of discretion: We review the trial court's ruling for abuse of discretion. (Zamudio, supra, 23 Cal.4th at p. 191.) To establish an abuse of discretion, defendant must show that it was exercised in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (People v.

People v. Arriaga, 201 Cal.App.4th 439, 133 Cal.Rptr.3d 807 (2d Dist. Dec. 1, 2011) (affirming trial courts denial of a motion to vacate the conviction under Penal Code 1016.5(a), where minute order stating that the defendant was advised of the possible effects of his plea on any alien/citizenship/probation/parole status.

American Indians born in Canada who declare an intention to live or work in the United States must be granted the freedom to do so under the Jay Treaty. They must go through a registration process. The U.S. Embassy in Ottawa provides the following information:

Subsection 289.3 of the Combined Federal Regulations (8 CFR PART 289) provides guidance requiring that any Canadian-born American Indian who declares an intention to move to the U.S.