INADMISSIBILITY - REASON TO BELIEVE

Matter of Rico, 16 I. & N. Dec. 181, 186 (BIA 1977); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000) (BIA did not rest on the evidence of Rico's arrest for drug trafficking, but detailed all of the evidence against him, including the undisputed fact that he had a "large quantity of marihuana concealed in his motor vehicle" at the time of his arrest).

jurisdiction: 
BIA

INADMISSIBILITY - REASON TO BELIEVE

Rojas-Garcia v. Ashcroft, 339 F.3d 814, 818 (9th Cir. 2003) (affirming BIA's decision to
deny an I-485 application because, in addition to a previous arrest for drug trafficking, two undercover detectives testified that they had personally arranged drug deals with the petitioner).

jurisdiction: 
Ninth Circuit

INADMISSIBILITY - REASON TO BELIEVE

Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1211 (9th Cir. 2004) (finding sufficient reason to believe the alien had committed illegal acts underlying previous drug trafficking arrest because the government submitted documents describing the police surveillance of the alien and the alien's subsequent attempt to escape with 147 pounds of marijuana).

jurisdiction: 
Ninth Circuit

CAL POST-CON - SEX OFFENDER REGISTRATION - SENTENCE ENHANCEMENTS - SEX OFFENDER REGISTRATION

In People v. Puentes, 2007 WL 927927 (6th Dist. Calif. Court of Appeals March 29, 2007), the court, in dictum, stated:

jurisdiction: 
Sixth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - DISCRETIONARY ISSUE BAR

Igwebuike v. Caterisano, ___ F.3d ___ , 2007 WL 1180300 (4th Cir. April 20, 2007) (while courts may be barred from reviewing denials of relief based upon the exercise of judicial discretion, "There is a "distinction between eligibility for discretionary relief . . . and the favorable exercise of discretion." St. Cyr, 533 U.S. at 307 (2001). A court may review the legal standards applied in a determination of eligibility, but it may not remand a decision to grant or withhold discretionary relief. See DaCosta v. Gonzales, 449 F.3d 45, 49 (1st Cir.

jurisdiction: 
Fourth Circuit

JUDICIAL REVIEW - HABEAS CORPUS - PETITION FOR REVIEW - REAL ID ACT PRECLUDES USING HABEAS FILED MORE THAN A YEAR AFTER ITS EFFECTIVE DATE AS PETITION FOR REVIEW

Wang v. Dep't of Homeland Sec., 484 F.3d 615 (2d Cir. April 19, 2007) (Habeas petition under 28 U.S.C.

jurisdiction: 
Second Circuit

AGGRAVATED FELONY - FIREARMS OFFENSE - CLAIM OF SPORTING USE EXCEPTION REJECTED

Alvarado v. Gonzales, 484 F.3d 535 (8th Cir. April 17, 2007) (per curiam) (federal conviction of possession of firearms and ammunition by an unlawful user of a controlled substance, under 18 U.S.C. 922(g)(3), constituted aggravated felony firearms conviction, for purposes of removal and cancellation of removal, despite the alleged sporting purpose of the guns at issue).

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - DISCRETIONARY DECISION - DHS DECISION TO REVOKE A PREVIOUSLY APPROVED IMMIGRANT VISA HELD DISCRETIONARY

Ghanem v. Upchurch, 481 F.3d 222 (5th Cir. Mar 6, 2007) (DHS decision to revoke previously approved immigration visa of a Jordanian citizen who married a United States citizen held to be "discretionary" and so immune from petition for review jurisdiction, following Third and Seventh Circuits, rather than the Ninth).

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - JOYRIDING

Brieva-Perez v. Gonzales, 482 F.3d 356 (5th Cir. Mar 19, 2007) (Texas violation of Penal Code 31.07(a), unauthorized use of a vehicle is a "crime of violence" and thus an "aggravated felony").

jurisdiction: 
Fifth Circuit

GOOD MORAL CHARACTER - UNDERPAYMENT OF INCOME TAXES

Matter of Locicero, 11 I&N Dec. 805 (BIA 1966) (an individual who had knowingly provided fraudulent information on his income tax returns for two years, by underreporting, was not a person of good moral character).

Note: The Board has found that failure to file tax returns is not necessarily a bar to good moral character, citing Matter of T, 1 I&N Dec. 158 (BIA 1941), Matter of Carbajal, Int. Dec. 2765 (Comm. 1978). Thanks to
Susan Compernolle.

jurisdiction: 
BIA

 

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