JUDICIAL REVIEW - PETITION FOR REVIEW - CANCELLATION OF REMOVAL - HARDSHIP QUESTION IS DISCRETIONARY, PRECLUDING PETITION FOR REVIEW
Mendez v. Mukasey, 525 F.3d 216 (2d Cir. May 12, 2008) (petition for review of a denial of cancellation of removal, presenting question whether petitioner demonstrated exceptional and extremely unusual hardship to his US citizen children, is dismissed where hardship determination is discretionary).
MARIANA ISLANDS COME UNDER INA
S.2739 became Public Law No. 110-229 on May 8, 2008, the
immigration related provisions are excerpted here.
http://www.ilw.com/immigdaily/news/2008,0514-cnmi.shtm
CRIMES OF MORAL TURPITUDE - PETTY OFFENSE EXCEPTION - MAXIMUM SENTENCE REQUIREMENT - STATUTORY MAXIMUM NOT GUIDELINES MAXIMUM
Mendez-Mendez v. Mukasey, 525 F.3d 828 (9th Cir. May 8, 2008) (because statutory maximum term of imprisonment for bribery conviction was fifteen years, petty offense exception does not apply; plain language of INA 212(a)(2)(A)(ii)(II) indicates that "maximum penalty possible refers to statutory maximum, not the maximum guideline sentence to which noncitizen was exposed).
REMOVAL HEARINGS - IMMIGRATION COURT RULES
Dedji v. Mukasey, 525 F.3d 187 (2d Cir. May 8, 2008) (IJ has broad discretion to enforce or deviate from local rules where, for example a petition has demonstrated good cause for delay in filing and substantial prejudice would likely result from enforcement of deadline; reviewing court will apply abuse of discretion standard).
IMMIGRATION OFFENSES - IMMIGRATION FRAUD
United States v. Mir, 525 F.3d 351 (4th Cir. May 6, 2008) (convictions for immigration fraud are affirmed over claim that conversations two witnesses initiated with him at the government's behest violated his Sixth Amendment right to counsel because those conversations occurred after defendant had been indicted on the immigration fraud counts).
JUDICIAL REVIEW - DISCRETION AND CONSTITUTIONAL CLAIMS
Garcia-Aguillon v. Mukasey, 524 F.3d 848 (8th Cir. May 5, 2008) (noncitizens do not have constitutionally protected right to discretionary relief; noncitizen therefore failed to state colorable claim for voluntary departure).
JUDICIAL REVIEW - PETITION FOR REVIEW - DENIAL OF SUA SPONTE MOTION TO REOPEN BY BIA
Lenis v. US Atty. Gen., 525 F.3d 1291 (11th Cir. May 5, 2008) (court lacks jurisdiction to review BIA denial of sua sponte reopening).
REINSTATEMENT OF REMOVAL - NO DUE PROCESS, NO HABEAS
Martinez-Merino v. Mukasey, 525 F.3d 801 (9th Cir. May 5, 2008) (affirming reinstatement of removal for Mexican speaker of Triqui with little or no Spanish skills; because due process protections do not apply to persons subject to reinstatement of removal, REAL ID Acts transfer of jurisdiction to the appellate courts (which accepts no new evidence) does not result in an impermissible suspension of habeas corpus), following Morales-Izquierdo v. Gonzales, 486 F.3d 484, 496 (9th Cir.2007) (en banc).
AGGRAVATED FELONY - CRIME OF VIOLENCE - FORCIBLE SEXUAL CONTACT
United States v. Rosas-Pulido , 526 F.3d 829 (5th Cir. May 2, 2008) (Minnesota conviction for unlawful sexual contact, in violation of M.S.A. 609.345(1)(c), punishing use of "force or coercion to accomplish" sexual contact is not a "forcible" sex offense for illegal re-entry sentencing purposes as the minimum conduct punishable under the statute includes a 14 year old giving a nipple twister to a classmate, an offense that does not involve forcible compulsion), citing In Re DLK, 381 N.W.2d 435, 436 (Minn. 1986) (nipple twister case).
INADMISSIBILITY - MEDICAL GROUNDS - DRUG ABUSE AND ADDICTION
USCIS released a new medical examination form, dated 04/02/08, which includes specific questions on controlled substance use and addiction (Part 2, Q. 4), and has detailed instructions to physicians about completing these questions (page 6). Counsel must therefore prepare clients for medical exams and interviews by asking, "Have you ever smoked marijuana?" and "Are you in remission?