RELIEF - INA 212(d)(3) WAIVER - NO RETROACTIVE WAIVER
Borrego v. Mukasey, 539 F.3d 689, 2008 WL 3892137 (7th Cir. Aug. 25, 2008) (noncitizen who fraudulently received visitors visa, then married a USC, could not retroactively apply for a nonimmigrant wavier of inadmissibility under INA 212(d)(3), and thus become eligible to adjust status pursuant to marriage), following Matter of Fueyo, 20 I & N Dec. 84 (BIA 1989).
IMMIGRATION OFFENSES - ILLEGAL REENTRY - EVIDENCE - IMMIGRATION FILE NOT SUBJECT TO CONFRONTATION OBJECTION
United States v. Burgos, 539 F.3d 641, 2008 WL 3877257 (7th Cir. Aug. 22, 2008) (contents of "A-file" are nontestimonial business records not subject to the requirements of the confrontation clause), citing Crawford v. Washington, HYPERLINK "http://www.westlaw.com/Find/Default.wl?rs=WCLP1.0&vr=2.0&DB=780&FindType=Y&SerialNum=2004190005" 541 U.S. 36 (2004) , and Davis v. Washington, HYPERLINK "http://www.westlaw.com/Find/Default.wl?rs=WCLP1.0&vr=2.0&DB=780&FindType=Y&SerialNum=2009382784" 547 U.S. 813 (2006) .
JUDICIAL REVIEW - PETITION FOR REVIEW - CLAIM THAT BIA IGNORED EVIDENCE IS SUBJECT TO PETITION FOR REVIEW JURISDICTION
Iglesias v. Mukasey, 540 F.3d 528, 2008 WL 3877302 (7th Cir. Aug. 22, 2008) (petitioners allegation that BIA ignored evidence of marriage to U.S. citizen was an allegation of error subject to judicial review).
JUDICIAL REVIEW - EXPEDITED REMOVAL ORDER
De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).
IMMCON - EXPEDITED REMOVAL
De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).
JUDICIAL REVIEW - PETITION FOR REVIEW - JURISDICTION LIMITATIONS
Garcia De Rincon v. DHS, 539 F.3d 1133 (9th Cir. Aug. 21, 2008) (circuit and district courts lack jurisdiction to review reinstatement of removal; rejecting suspension clause argument regarding habeas petition).
JUDICIAL REVIEW - DISCRETION
De Lourdes v. Mukasey, 539 F.3d 1102 (9th Cir. Aug. 21, 2008) (court lacks jurisdiction to review discretionary decision of whether noncitizen has shown exceptional and extremely unusual hardship for purposes of non-LPR cancellation of removal).
IMMIGRATION OFFENSES - INVOLUNTARY SERVITUDE
United States v. Djoumessi, 538 F.3d 547 (6th Cir. Aug. 20, 2008) (convictions for involuntary servitude and harboring affirmed over claims that charges violated double jeopardy). HYPERLINK "http://caselaw.lp.findlaw.com/data2/circs/6th/071740p.pdf"
JUDICIAL REVIEW - PETITION FOR REVIEW - CONTINUANCE - ABUSE OF DISCRETION TO DENY CONTINUANCE
Cui v. Mukasey, 538 F.3d 1289 (9th Cir. Aug. 19, 2008) (IJ abused discretion in refusing to grant continuance to allow respondent to resubmit fingerprints for background security check).
AGGRAVATED FELONY - DRUG TRAFFICKING
United States v. Torres-Romero, 537 F.3d 1155, 2008 WL 3843344 (10th Cir. Aug. 19, 2008) (Colorado conviction for distribution, manufacture and possession of a controlled substance, in violation of Colorado Revised Statute 18-18-105 (1990) (repealed 1992 and redesignated as 18-18-405), constituted aggravated felony drug trafficking conviction for illegal re-entry purposes, because guilty plea admitted all of the material facts in the charging information, including that he distributed and sold a controlled substance).
