JUDICIAL REVIEW - PETITION FOR REVIEW - FAILURE TO EXHAUST BEFORE IMMIGRATION JUDGE

Feliz v. Gonzales, 487 F.3d 71 (1st Cir. May 25, 2007) (while the court had jurisdiction over petitioner's continuance claim, the petitioner failed to ask for or otherwise indicate clearly to the immigration judge that he sought a continuance).

jurisdiction: 
First Circuit

JUDICIAL REVIEW - PANEL CAN OVERRULE OTHER PANEL IF COMPELLED BY SUPREME COURT DECISION

United States v. Rodarte-Vasquez, 488 F.3d 316 (5th Cir. May 23, 2007) ("one basis upon which a panel of this court can overrule a prior panel decision is if compelled "by controlling Supreme Court precedent". See Martin v. Medtronic, Inc., 254 F.3d 573, 577 (5th Cir.2001) (quotation and citation omitted).").

jurisdiction: 
Fifth Circuit

ILLEGAL RE-ENTRY - EX POST FACTO APPLICATION OF SENTENCING GUIDELINES

United States v. Rodarte-Vasquez,488 F.3d 316 (5th Cir. May 23, 2007) (defendants' sentences following conviction for illegally re-entering the United States in 2002 are vacated where application of the 2003 Sentencing Guidelines, as opposed to the 2002, constituted an ex post facto violation).

jurisdiction: 
Fifth Circuit

INADMISSIBILITY - REASON TO BELIEVE

Igwebuike v. Caterisano, ___ F.3d ___ , ___, 2007 WL 1180300 (4th Cir. April 20, 2007) ("An arrest or charge by itself is not substantial evidence of drug trafficking.

jurisdiction: 
Fourth Circuit

INADMISSIBILITY - REASON TO BELIEVE - ARREST ALONE INSUFFICIENT; GOVERNMENT MUST REQUEST FURTHER EVIDENCE

Igwebuike v. Caterisano, ___ F.3d ___ , 2007 WL 1180300 (4th Cir. April 20, 2007) (an arrest for drug trafficking, without any of the facts of the underlying arrest, is insufficient evidence to sustain a reason to believe charge; the DHS should have requested additional evidence; "The drug trafficking arrest, however, does raise underlying questions regarding eligibility, see 103.2(b)(8), and the Director was obliged to request further information, such as arrest or police reports, if he believed it was necessary to determine Igwebuike's eligibility for relief.

jurisdiction: 
Fourth Circuit

JUVENILE - RELIEF - PARENTS KNOWLEDGE OF CHILDS INADMISSIBILITY MAY BE IMPUTED TO THE CHILD FOR SOME PURPOSES

Senica v. INS, ___ F.3d ___, No. 92-70423 (9th Cir. Feb. 14, 1993) (parent's knowledge of a child's ineligibility for admission to the U.S. can be imputed to the child to preclude discretionary relief under INA 212(k); effectively prevents a parent from making a derivative claim for a waiver under INA 241(f) as the parent of a noncitizen lawfully admitted for permanent residence).

jurisdiction: 
Ninth Circuit

INADMISSIBILITY - ALIEN SMUGGLING - AIDING ANOTHER TO ENTER ILLEGALLY

Soriano v. Gonzales, 414 F.3d 318 (5th Cir. Apr. 5, 2007) (any noncitizen seeking admission to the U.S. who participates in a scheme to aid other aliens in an illegal entry is inadmissible under INA 212(a)(6)(E)(i), regardless of whether the assisting individual was present at the border crossing).

jurisdiction: 
Fifth Circuit

REMOVAL PROCEEDINGS - DUE PROCESS - PROCEDURAL DUE PROCESS PROTECTIONS APPLY TO NONCITIZENS IN REMOVAL PROCEEDINGS

De La Cruz v. Maurer, 483 F.3d 1013 (10th Cir. April 3, 2007) (procedural due process protections apply to noncitizens in removal proceedings: "when facing deportation ... aliens are entitled to procedural due process, which provides an opportunity to be heard at a meaningful time and in a meaningful manner."), quoting United States v. Aguirre-Tello, 353 F.3d 1199, 1204 (10th Cir. 2004) (en banc).

jurisdiction: 
0

REMOVAL PROCEEDINGS - VIENNA CONVENTION

De La Cruz v. Maurer, 483 F.3d 1013 (10th Cir. April 3, 2007) (rejecting argument that the INS's failure to apprise him that he was entitled to communicate with Mexican consular or diplomatic officers under the Vienna Convention and immigration regulations violates Article 36(1)(b) of the Vienna Convention on Consular Relations and 8 C.F.R. 236.1(e), on grounds the argument was waived because he failed to assert the issue before the IJ, and, in any event, Torres could not show that the violation resulted in any prejudice).

jurisdiction: 
Tenth Circuit

PRACTICE ALERT: WALSH ACT CIVIL COMMITMENT CREATES CATCH-22 FOR INMATES IN BOP TREATMENT PROGRAMS

The Adam Walsh Act created a new statute for "civil commitment of a sexually dangerous person" and, with it, some difficult issues when advising your clients. Under 18 U.S.C. 4248, the Attorney General and/or the Director of the Bureau of Prisons may certify as a "sexually dangerous person" any person who is in the custody of the Bureau of Prisons or deemed incompetent or against whom all criminal charges have been dismissed solely because of the person's mental condition.

jurisdiction: 
Other

 

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