OVERVIEW " JURISDICTION

Casillas v. Holder, 656 F.3d 273 (6th Cir. Sept. 2, 2011) (court lacks jurisdiction to review enforcement of a removal order that was entered in 1996, but was not enforced until 2009).

jurisdiction: 
Sixth Circuit

RELIEF " U-VISA " JUDICIAL REVIEW

Torres-Tristan v. Holder, 56 F.3d 653 (7th Cir. Sept. 1, 2011) (court lacks jurisdiction to review denial of U-visa or I-192 waiver as decisions made outside removal proceedings).

jurisdiction: 
Seventh Circuit

OVERVIEW " EVIDENCE " MOTION TO SUPRESS

Lopez-Gabriel v. Holder, 653 F.3d 683 (8th Cir. Sept. 2, 2011) (to establish that statements are involuntary, in violation of Fifth Amendment, noncitizen must show coercion, duress, or improper action by an officer that overbore his will; stopping a car because of cracked windshield did not establish evidence of racial profiling; arresting and handcuffing noncitizen who failed to show identification, followed by questioning by police officers and ICE without Miranda warnings was not sufficient basis to grant motion to suppress).

jurisdiction: 
Eighth Circuit

SENTENCE " SENTENCE IMPOSED " RECIDIVIST SENTENCE ENHANCEMENT SENTENCE IS SENTENCE IMPOSED

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011) (California felony petty theft convictions under Penal Code 484(a) and 666 constituted aggravated felony theft offenses, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for illegal re-entry sentencing purposes); declining to follow United States v. Corona"Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc); following United States v. Rodriquez, 553 U.S.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " FELONY PETTY THEFT " THEFT OFFENSE

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011) (California felony petty theft convictions under Penal Code 484(a) and 666 constituted aggravated felony theft offenses, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for illegal re-entry sentencing purposes); declining to follow United States v. Corona"Sanchez, 291 F.3d 1201 (9th Cir. 2002) (en banc); following United States v. Rodriquez, 553 U.S.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " THEFT OFFENSE " DEFINITION

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011)(California conviction of theft, in violation of Penal Code 484(a), does not categorically constitute an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), because it penalizes additional conduct that is not encompassed within the aggravated felony theft definition, such as theft of labor, false credit reporting, and theft by false pretenses); citing Carrillo"Jaime v.

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY " THEFT OFFENSE " GENERIC DEFINITION

United States v. Rivera, 658 F.3d 1073 (9th Cir. Sept. 23, 2011) (the generic definition an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), is [1] a taking of property or an exercise of control over property [2] without consent [3] with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent. ); quoting Carrillo"Jaime v. Holder, 572 F.3d 747, 750 (9th Cir.2009) (quoting United States v. Corona"Sanchez, 291 F.3d 1201, 1205 (9th Cir.2002) (en banc).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " BIA MUST ADDRESS ALL OF PETITIONERS CLAIMS

Cole v. Holder, 659 F.3d 762 (9th Cir. Sept. 22, 2011) (petition for review is granted where BIA failed to give reasoned consideration to potentially dispositive expert testimony).

jurisdiction: 
Ninth Circuit

RELIEF " WAIVERS " 212(C) RELIEF

Luna v. Holder, 659 F.3d 753 (9th Cir. Sept. 19, 2011) (the April 26, 2005, deadline to seek a waiver of removal under former INA 212(c), 8 U.S.C. 1182(c), established by 8 C.F.R. 1003.44, is a constitutionally-sound procedural rule; absent some exceptional circumstances, not present here, petitioners that miss the deadline are not entitled to relief).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY "SEXUAL ABUSE OF A MINOR

United States v. Tafoya-Montelongo, 659 F.3d 738 (9th Cir. Sept.

jurisdiction: 
Ninth Circuit

 

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