AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION CONVICTION NOT AN AGGRAVATED FELONY
United States v. Estrada-Mendoza, 472 F.3d 689, 2007 WL 6583 (5th Cir. Jan. 3, 2007) (Texas conviction of possession of a controlled substance, did not warrant 8-level sentence enhancement for illegal reentry after deportation, since it would not constitute a felony if prosecuted under federal law, and was therefore not an aggravated felony drug trafficking offense under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
DETENTION - CONSULAR NOTICE OF DETENTION - FINAL RULE
Consular Notification for Aliens Detained Prior to an Order of Removal: ICE Final Rule: "This final rule amends the Department of Homeland Security (DHS) regulations governing the detention of aliens prior to an order of removal. The rule updates the list of countries in 8 CFR 236.1(e), which, based on existing treaties, requires immediate communication with consular or diplomatic officers when nationals of listed countries are detained in the United States. The rule adds Algeria, Tunisia, and Zimbabwe to the list of countries and removes Albania and South Korea from the list of countries.
RELIEF - ADJUSTMENT OF STATUS - ADAM WALSH ACT
DOS Cable Implementing Section 402 of the Adam Walsh Child Protection And Safety Act Of 2006 (P.L. 109-248), available at AILA InfoNet Doc. No. 07012564 (posted Jan. 25, 2007).
ADMISSION TO UNITED STATES - ADVANCE PAROLE
Ibragimov v. Gonzales, __ F.3d __, 2007 WL 184661 (2d Cir. Jan. 25, 2007) (noncitizen who was admitted to United States as visitor, overstayed, applied for adjustment of status, then left the United States under advance parole, was properly charged with inadmissibility upon revocation of parolee status; fact that noncitizen was initially admitted does not overcome fact that subsequent entry into United States as parolee is not an "admission" to the United States).
http://caselaw.lp.findlaw.com/data2/circs/2nd/054771p.pdf
AGGRAVATED FELONY - CONTROLLED SUBSTANCES - SIMPLE POSSESSION - SENTENCING CONTEXT
Tostado-Tostado v. Carlson, __ S.Ct. __, 2007 WL 35906 (Jan. 8, 2007) ("The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Lopez v. Gonzales, 549 U.S. __, 127 S. Ct. 625 (2006)), vacating Tostado v. Carlson, 437 F.3d 706 (8th Cir., 2006).
DETENTION - INDEFINITE DETAINEES - CHINA
"NPR, Day to Day, January 12, 2007: China is refusing to take back thousands of its citizens who are being deported from the United States as illegal immigrants. The Chinese government says it is protesting American asylum laws, but now immigrants who have been told to leave America have no place to go." Jan. 12, 2007.
AGGRAVATED FELONY - KIDNAPPING
United States v. Gonzales-Ramirez, 477 F.3d 310 (5th Cir. Jan. 30, 2007) (Tennessee conviction for kidnapping, in violation of Tenn. Code Ann. 39-13-303 ["false
imprisonment . . . (1) [u]nder circumstances exposing the other person to substantial risk of bodily injury; or (2) [w]here the confinement of another is in a condition of involuntary servitude] meets generic definition of "kidnapping," [adopting model penal code definition] for purposes of the "crime of violence" definition used in enhancing a sentence upon illegal re-entry prosecution).
AGGRAVATED FELONY - DRUG TRAFFICKING - SIMPLE POSSESSION
United States v. Martinez-Macias, 472 F.3d 1216 (10th Cir. Jan. 3, 2007) (Kansas conviction for simple possession of cocaine is not an aggravated felony), following Lopez v. Gonzales, __ U.S. __, 127 S.Ct. 625 (Dec. 5, 2006).
CONVICTION - FINALITY - ILLEGAL REENTRY CONTEXT
United States v. Saenz-Gomez, 472 F.3d 791 (10th Cir. Jan. 2, 2007) (rejecting claim that district court erred in enhancing sentence under 8 U.S.C. 1326(b)(2) and U.S.S.G. 2L1.2(b)(1)(B) because his 2003 state conviction for heroin trafficking was not final at the time of removal, and affirming sentence for illegal reentry after removal following a conviction for an aggravated felony).
http://laws.lp.findlaw.com/10th/062148.html
RELIEF - CANCELLATION OF REMOVAL
Cancellation of removal for LPRs is available to noncitizens who obtained their LPR status by fraud as long as the fraud is waived (for example under INA 237(a)(1)(H), 8 USC 1227(a)(1)(H)), before the application for cancellation of removal is made (though both may occur in a single removal proceeding). Matter of Sosa-Hernandez, 20 I. N. Dec. 758 (1993) (where immigration judge grants the permanent resident fraud waiver, permanent residency becomes valid as of the day that it was originally granted); Matter of Kolomatangi, 23 I&N 548 (BIA 2003).