Alvear-Velez v. Mukasey, 540 F.3d 672 (7th Cir. Sept. 2, 2008) (res judicata does not prevent DHS from charging noncitizen with deportability based on aggravated felony conviction where IJ had held in prior proceeding that same conviction was not a CMT and charged aggravated felony ground had not yet been created by statute; "the rule against claim splitting, which is one component of res judicata, is inapplicable when a statutory change creates a course of action unavailable in the previous action. Cf. Car Carriers, Inc. v.

Vaca-Tellez v. Mukasey, 540 F.3d 665 (7th Cir. Sept. 2, 2008) (Illinois conviction for auto burglary with intent to commit theft, in violation of 720 ILCS 5/19-1(a) is an aggravated felony attempted theft for immigration purposes).

Vaca-Tellez v. Mukasey, 540 F.3d 665 (7th Cir. Sept. 2, 2008) (complaint, indicating burglar of a vehicle with intent to commit theft, combined with clerks minutes showing entry of guilty plea, sufficient to find noncitizen had been convicted of aggravated felony attempted theft).

Badasa v. Mukasey, 540 F.3d 909, 911 (8th Cir. Aug. 29, 2008) ("We know only that the BIA thinks that if, hypothetically, the IJ had not considered Wikipedia and reached the same conclusion, then that conclusion would not be clearly erroneous. But we do not know whether the IJ would have reached the same conclusion without Wikipedia, or whether (and, if so, why) the BIA believes that the IJ's consideration of Wikipedia was harmless error, in the sense that it did not influence the IJ's decision.

Matter of Guadarrama, 24 I&N Dec. 625 (BIA 2008) (a noncitizen who made a false claim of citizenship by checking the "citizen or national" box on an I-9 is not necessarily a person lacking in good moral character).

&nbsp Counsel can argue that multiple CMT convictions arising out of a single criminal act may still fall within the petty offense exception to inadmissibility:



&nbsp Unlike the multiple CMT ground of deportation, INA 237(a)(2)(A)(ii), there is no explicit exception for when a noncitizens CMTs arise "out of a single scheme of criminal misconduct." Counsel can argue, however, that a second CMT committed as part of the same criminal act does not disqualify a person from the Petty Offense Exception. Matter of Medina-Lopez, 10 I. & N. Dec. 7 (BIA 1962)

Domestic travel can be a problem even for those who are in status. Individuals, traveling both domestically and internationally, are being prevented from boarding flights, and in some instances, are being detained and placed in proceedings, when they are not in possession of a facially valid visa, I-94, or I-551 card. This appears to be occurring even though one might be in a valid status, i.e.

Counsel can argue that Matter of Eslamizar applies to civil violations for possession of marijuana as well as to crimes of moral turpitude. A civil violation arguably should not constitute a ground of inadmissibility because it would not be a crime in the jurisdiction where the conduct occurred. 22 CFR 40.21; Matter of K,7 I. & N. Dec. 594 (BIA 1957); Pazcoguin v. Radcliffe, 922 F.3d 1209 (9th Cir. 2002). The regulation only imposes this requirement for CMTs, but judicial decisions appear to extend it to other inadmissibility grounds as well.

Mota v. Mukasey, 543 F.3d 1165 (9th Cir.Sept. 17, 2008) (domestic violence conviction does not bar non-LPR cancellation of removal under INA 240A(b)(1)(B), since the conviction occurred prior to Sept. 30, 1996, the effective date of the domestic violence ground of removal).