RELIEF " CANCELLATION OF REMOVAL " STOP-TIME RULE
Gonzalez-Garcia v. Holder, __ F.3d __ (6th Cir. Oct. 24, 2014) (service of NTA stops time for purposes of non-LPR cancellation of removal, even if NTA fails to indicate date and time of hearing).
REMOVAL PROCEEDINGS " EVIDENCE " BURDEN OF PROOF RELIEF " CANCELLATION OF REMOVAL " CONTINUOUS PRESENCE REQUIREMENT
Lopez-Esparza v. Holder, __ F.3d __ (7th Cir. Oct. 23, 2014) (noncitizen need only establish continuous presence for purposes of relief by a preponderance of the evidence; exact recollection of travel dates not required).
OVERVIEW " MOTION TO SUPPRESS OVERVIEW " REMOVAL PROCEEDINGS " FORM I-213
Chavez-Castillo v. Holder, __ F.3d __ (8th Cir. Nov. 17, 2014) (police officer showed probable cause for arrest where noncitizen was driving nine miles over the speed limit; lack of opportunity to cross examine officer who prepared Form I-213 did not violated due process).
RELIEF " DEFERRED ACTION " DEFERRED ACTION FOR CHILDHOOD ARRIVALS EXPANDED " DEFERRED ACTION FOR PARENT ACCOUNTABILITY ANNOUNCED
On Nov. 20, 2014, President Obama announced that he will provide immediate relief for many of those impacted by our broken immigration system, and he is offering Congress an architecture for permanent reforms to the immigration laws. http://www.dhs.gov/immigration-action
Under the new policies, the DHS will augment the successful Deferred Action for Childhood Arrivals (DACA) program by providing temporary relief for the parents of U.S. Citizens and lawful permanent residents. The new program, to be called Deferred Action for Parent Accountability (DAPA), will ensure that millions of U.S.
AGGRAVATED FELONIES " FIREARMS OFFENSES " POSSESSION OF AMMUNITION
Oppedisano v. Holder, 769 F.3d 147 (2d Cir. Oct. 8, 2014) (federal conviction for the unlawful possession of ammunition, under 18 U.S.C. 922(g)(1), qualifies as an aggravated felony under INA 101(a)(43)(E)(ii), 8 U.S.C. 1101(a)(43)(E)(ii)).
POST CON RELIEF " CONVICTION VACATED SOLELY FOR REHABILITATIVE REASONS
Sutherland v. Holder, 769 F.3d 144 (2d Cir. Oct. 8, 2014) (Arizona conviction for attempted possession for sale of four or more pounds of marijuana was vacated by an Arizona state court, but remains valid for federal immigration and removability purposes, since the order vacating the conviction was obtained under Arizona Revised Statutes 13-907 solely for rehabilitative reasons).
INADMISSIBILITY " VISA FRAUD " SUFFICIENCY OF THE EVIDENCE
Yang v. Holder, 770 F.3d 294 (4th Cir. Oct. 29, 2014) (BIA erred in finding that petitioner was inadmissible under 8 U.S.C. 1182(a)(6)(C)(i), since the record lacked substantial evidence to support a determination that noncitizen made deliberate and voluntary misrepresentations to procure an immigration benefit, even though Immigration Judge found noncitizens testimony regarding asylum claim was not credible).
CRIMES OF MORAL TURPIUTDE " SEX OFFENDER REGISTRATION
Mohamed v. Holder, 769 F.3d 885 (4th Cir. Oct. 17, 2014) (Virgina conviction for violation of VaCodeAnn. 18.2-472.1, failure to register as a sex offender, is not a crime involving moral turpitude for immigration purposes, since it is merely a regulatory offense), disagreeing with Matter of Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007).
AGGRAVATED FELONY " THEFT OFFENSES " THEFT WITHOUT EFFECTIVE CONSENT
United States v. Rodriguez-Salazar, 768 F.3d 437 (5th Cir. Sept. 30, 2014) (Texas conviction of theft [appropriation of property without effective consent of the owner, where consent to temporary possession is not effective if it was induced by deception or coercion], under Penal Code 31.03(b)(1), is categorically an aggravated felony theft offense under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G) for immigration purposes).
NOTE: The analysis presented in this decision is short and not very clear.
OVERVIEW " REMOVAL PROCEEDINGS " WAIVER OF APPEAL
Martinez v. Holder, __ F.3d __ (5th Cir. Oct. 15, 2014) (respondent, having been given notice of right of appeal by immigration judge in group setting, knowingly and intelligently waived his right to appeal).