RELIEF - WITHHOLDING - PARTICULARLY SERIOUS CRIME - CONVICTIONS OTHER THAN CONVICTION IN QUESTION ARE IRRELEVANT TO THIS DETERMINATION
Lavira v. Attorney General of U.S., 478 F.3d 158 (3d Cir. Feb. 26, 2007) (immigration judge erred in considering convictions of the defendant other than the conviction in question in offense was a particularly serious crime).
DOMESTIC VIOLENCE - PROTECTIVE ORDER VIOLATION - WHETHER RESPONDENT'S ADMISSION THAT HE WAS DEPORTABLE ON THIS GROUND IN PLEADING TO THE NTA CAN PROVIDE A BASIS (ANALOGOUS TO THE RECORD OF CONVICTION) FOR DEPORTATION
Teaupa v. Gonzales, ___ F.3d ___, 2007 WL 580672 (9th Cir. Feb. 22, 2007) ("We requested additional briefing on the issue [whether respondent's admission, in pleading to the NTA, that a court had determined he had engaged in conduct that violated a portion of a DV protection order that involved protection against credible threats of violence, repeated harassment, or bodily injury to the person(s) for whom the protection order had been issued], and we now remand to the BIA to consider, in the first instance, whether Teaupas admission can be used to determine removability pursuant to 8 U.S.C.
JUDICIAL REVIEW - IJ HAS JURISDICTION TO DETERMINE WHETHER APPROVED VISA PETITION REMAINS VALID
Perez-Vargas v. Gonzales, 478 F.3d 191 (4th Cir. Feb. 22, 2007) (Immigration Judge has jurisdiction to determine whether an approved visa petition remains valid under applicable law; for example, IJ can determine whether employment violated visa and therefore disqualified noncitizen from adjustment of status), vacating Matter of Perez-Vargas, 23 I. & N. Dec. 829 (BIA 2005), within the Fourth Circuit.
http://caselaw.lp.findlaw.com/data2/circs/4th/052313p.pdf
NOTE: This case does not upset the applicability of Matter of Perez-Vargas outside the Fourth Circuit.
RELIEF - ADJUSTMENT OF STATUS
Perez-Vargas v. Gonzales, 478 F.3d 191 (4th Cir. Feb. 22, 2007), vacating Matter of Perez-Vargas, 23 I. & N. Dec. 829 (BIA 2005). (Immigration Judge has jurisdiction to determine whether an approved visa petition remains valid under applicable law; for example, IJ can determine whether employment violated visa and therefore disqualified noncitizen from adjustment of status), vacating Matter of Perez-Vargas, 23 I. & N. Dec. 829 (BIA 2005), within the Fourth Circuit.
http://caselaw.lp.findlaw.com/data2/circs/4th/052313p.pdf
AGGRAVATED FELONY - MANSLAUGHTER - CRIME OF VIOLENCE
United States v. Torres-Villalobos, __ F.3d __, 2007 WL 528195 (8th Cir. Feb. 22, 2007) (Minnesota conviction for second-degree manslaughter, in violation of Minn. Stat. 609.205, was not a "crime of violence" under 18 U.S.C. 16 because the offense can be committed with mere reckless intent). http://caselaw.lp.findlaw.com/data2/circs/8th/061876p.pdf
CRIMES OF MORAL TURPITUDE - MONEY LAUNDERING - NEW YORK MONEY LAUNDERING CONVICTION HELD CMT
Matter of Tejwani, 24 I. & N. Dec. 97 (BIA 2007) (New York conviction of money laundering, in violation of N.Y. Penal Law 470.10(1), is a crime involving moral turpitude).
JUDICIAL REVIEW - PETITION FOR REVIEW - MIXED QUESTIONS OF FACT AND LAW ARE REVIEWABLE AS QUESTIONS OF LAW
Ramadan v. Gonzales, ___ F.3d ___, 2007 WL 528715 (9th Cir. Feb. 22, 2007) ("By implying a fixed dichotomy between fact and law, our brief initial opinion inadvertently failed to consider an important category of casesthose that raise mixed questions of law and fact. We join the Second Circuit in holding that 'questions of law' is broader than just statutory interpretation."), following Chen v. Gonzales, 471 F.3d 315, 326-27 (2d Cir.
RELIEF - VOLUNTARY DEPARTURE - FAILURE TO DEPART
Matter of Bozena Zmijewska, 24 I. & N. Dec. 87 (BIA 2007) (BIA lacks authority to apply an "exceptional circumstances" or other general equitable exception to the penalty provisions for failure to depart within the time period afforded for voluntary departure under INA 240B(d)(1), 8 U.S.C.A. 1229c(d)(1); noncitizen has not voluntarily failed to depart the United States under INA 240B(d)(1) when the person, through no fault of his or her own, was unaware of the voluntary departure order or was physically unable to depart within the time granted).
CRIME OF MORAL TURPITUDE - HIT AND RUN
Tate v. State Bar of Texas, 920 S.W.2d 727 (Ct.App.-
Houston 1996) (failure to stop and/or provide information and/or render aid, in violation of Tx. Trans. Code 550.021 does not "per se" involve moral turpitude for disbarment purposes).
RELIEF - CANCELLATION - STOP-TIME RULE - REASON TO BELIEVE GROUND OF INADMISSIBILITY DOES NOT CONSTITUTE COMMISSION OF AN OFFENSE THAT STOPS THE CLOCK FOR CANCELLATION
Counsel may argue that inadmissibility under any of the "reason to believe" grounds of inadmissibility do not stop the clock for purposes of cancellation of removal, since the stop-time rule requires the commission of an offense. That the
officer had 'reason to believe -- is not an "offense" and therefore should not stop the period of continuous physical presence for Cancellation of Removal under 240A(a).
