RELIEF - TEMPORARY PROTECTED STATUS - NONCITIZEN MAY APPLY FOR TPS IN REMOVAL PROCEEDINGS EVEN IF TPS APPLICATION HAS PREVIOUSLY BEEN DENIED BY THE ADMINISTRATIVE APPEALS UNIT
Matter of Barrientos, 24 I. & N. Dec. 100 (BIA 2007) (INA 244(b)(5)(B), 8 U.S.C. 1254(b)(5)(B) (2000), permits a noncitizen to assert the right to Temporary Protected Status in removal proceedings, even if a TPS application has previously been denied by the Administrative Appeals Unit).
Here is the link: http://www.usdoj.gov/eoir/vll/intdec/vol24/3554.pdf
RELIEF - ADJUSTMENT OF STATUS - IMMIGRATION JUDGE MAY GRANT ADJUSTMENT IN REMOVAL PROCEEDINGS ONLY IF A VISA IS IMMEDIATELY AVAILABLE TO THE RESPONDENT
Carrillo-Gonzalez v. INS, 353 F.3d 1077 (9th Cir. December 31, 2003) (noncitizen was statutorily required to produce an immediately available immigrant visa before Immigration Judge could grant an adjustment of status), citing 8 U.S.C. 1255(i)(2)(B) (Attorney General may adjust a noncitizen's status if an "immigrant visa is immediately available to the alien at the time the application is filed").
RELIEF - 212(H) RELIEF - WAIVER OF INADMISSIBILITY
Matter of Millard, 11 I. & N. Dec. 175 (BIA 1965) (INA 212(h) has always waived inadmissibility for qualifying LPRs in removal proceedings charged with grounds of inadmissibility, as opposed to deportability).
DETENTION MAP
http://detentionwatchnetwork.org/dwn_map
CRIM DEF - EARLY RELEASE TO DEPORTATION - PRISONER TRANSFER
The general rule is that a noncitizen cannot be removed until the sentence has been served. INA 241(a)(4)(A). The exception to this rule applies to certain nonviolent offenders. INA 241(a)(4)(B).
SAFE HAVEN - STATE REHABILITATIVE RELIEF - PRIOR FOREIGN CONVICTION DOES NOT DISQUALIFY DEFENDANT FROM FFOA TREATMENT
The Federal First Offender Act, 18 U.S.C. 3607(a)(1), does not permit an expungement if the defendant has prior to the commission of the current offense suffered a conviction under "Federal or State" law. This provision does not include foreign convictions as a disqualification for this relief.
AGGRAVATED FELONY - STATUTORY RAPE
Rivas-Gomez v. Gonzales, 441 F.3d 1072 (9th Cir. April 3, 2006) (statutory rape comes within the definition of aggravated felony "rape"), opinion withdrawn on denial of rehearing as moot, 2007 WL 851336 (9th Cir. March 22, 2007), opinion superseded, 2007 WL 851768 (9th Cir. March 22, 2007) (unpublished) (IJ erred when he applied the "extreme hardship" standard to deny a waiver of inadmissibility for asylees under INA 209(c), 8 U.S.C.
RELIEF - INA 209(C) WAIVER - ERROR TO APPLY HEIGHTENED EXTREME HARDSHIP STANDARD WITHOUT FIRST MAKING FACTUAL DETERMINATION THAT CRIME OF CONVICTION WAS VIOLENT OR DANGEROUS
Rivas-Gomez v. Gonzales, 441 F.3d 1072 (9th Cir. April 3, 2006) (statutory rape comes within the definition of aggravated felony "rape"), opinion withdrawn on denial of rehearing as moot, 2007 WL 851336 (9th Cir. March 22, 2007), opinion superseded, 2007 WL 851768 (9th Cir. March 22, 2007) (unpublished) (IJ erred when he applied the "extreme hardship" standard to deny a waiver of inadmissibility for asylees under INA 209(c), 8 U.S.C.
RELIEF - PAROLE - HUMANITARIAN PAROLE
Humanitarian parole is granted in cases of medical emergencies and the like. These are rarely granted, are generally good for up to a year, and are examined case-by-case by the Secretary of Homeland Security.
