Montanez-Gonzales v. Holder, __ F.3d __ (6th Cir. Mar. 12, 2015) (rejecting constitutional challenges to Immigration Judges standards in determining exceptional and extremely unusual hardship for non-LPR cancellation of removal).

Fayzullina v. Holder, __ F.3d __ (6th Cir. Jan 6, 2015) (federal conviction for violation of 18 U.S.C. 1001(a)(3), willful false statement, for false statements related to marriage fraud, is categorically a crime of moral turpitude).

Whether an plea of not guilty by reason of insanity plea is a conviction for immigration purposes is still unsettled. In an insanity case, the actual plea is not "guilty except for ..." It is "not guilty by reason of insanity." That is because insanity negates an essential element of the offense: the intent. Therefore, a "not guilty by reason of insanity" finding is arguably not a conviction. Unfortunately, in California and other states, you first have to enter an actual guilty plea prior to being found not guilty by reason of insanity.

Mena-Flores v. Holder, ___ F.3d ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (even though noncitizen was acquitted of drug-trafficking criminal charges, substantial evidence supported determination that there was reason to believe that noncitizen had participated in drug trafficking, triggering inadmissiblity under INA 212(a)(2)(C)(i), 8 U.S.C. 1182(a)(2)(C)(i)); but see e.g., Garces v. Att'y Gen., 611 F.3d 1337, 1350 (11th Cir.2010) (reversing a finding of reason to believe based only on a vacated plea and some hearsay in police reports); Igwebuike v. Caterisano, 230 F.

Mena-Flores v. Holder, ___ F.3d ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (the reviewing court evaluates immigration agency credibility determinations under the abuse of discretion standard); citing Elzour v. Ashcroft, 378 F.3d 1143, 1150 n. 9 (10th Cir. 2004); see United States v. Aguayo"Delgado, 220 F.3d 926, 934"35 (8th Cir. 2000) (holding that the evidence was sufficient to convict beyond a reasonable doubt when the evidence consisted mainly of testimony by other participants in drug transactions, even though there were questions about the reliability and consistency of the accounts).

Mena-Flores v. Holder, ___ F.3d ___, ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (The agency abused its discretion if it failed to give a rational explanation, inexplicably deviated from past policies, failed to supply any reasoning, or rested on summary or conclusory statements. Infanzon v. Ashcroft, 386 F.3d 1359, 1362 (10th Cir.2004).).

Health & Safety Code 11350-11352. Formerly, these offenses covered certain substances that were not on the federal list, and these statutes were therefore divisible for purposes of removal and eligibility for relief under the strict standards of Moncrieffe and Descamps. For example, the government conceded in Esquivel-Garcia v. Holder, 593 F. 3d 1025 (9th Cir. 2010) that 11350 was divisible, but the conviction in that case occurred in 1989 when schedule II at HS 11055(b) (referenced by 11350) still included apomorphine, which is specifically excluded from the federal CSA.

Matter of Esquivel-Quintana , 26 I. & N. Dec. 469 (BIA 2015) (California conviction of unlawful intercourse with a minor, in violation of Penal Code 261.5(c), which requires that the minor victim be "more than three years younger" than the perpetrator, categorically constitutes aggravated felony "sexual abuse of a minor" under INA 101(a)(43)(A), 8 U.S.C.

In re Israel O., ___ Cal.App.5th ___, 2015 WL 227892 (1st Dist. Jan.

Husic v. Holder, ___ F.3d ___, 2015 WL 106359 (2d Cir. Jan. 8, 2015) (the aggravated felony bar to eligibility for a waiver of inadmissibility under INA 212(h), applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States); but see Matter of Koljenovic, 25 I&N Dec. 219 (2010).

Note: With this decision, the Second Circuit joins the seven other Courts of Appeal"an overwhelming majority"to have rejected Matter of Koljenovic. To date, the Eighth Circuit stands alone in upholding the BIAs decision.