AGGRAVATED FELONY - TRAFFICKING - MANUFACTURE
Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (Manufacturing is not necessarily drug trafficking because it may be for personal use).
RECORD OF CONVICTION - DOCUMENTS INCLUDED - COMPLAINT
Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (criminal complaint containing charge against the defendant may be consulted when consideration of record of conviction is appropriate in deciding whether conviction falls within ground of deportation for immigration purposes, especially where state law does not require subsequent indictment or information to convict).
AGGRAVATED FELONY - DRUG TRAFFICKING - DEFINITION OF "ILLICIT TRAFFICKING" - TRAFFICKING ELEMENT
Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (even though statute was phrased in disjunctive, record of conviction including complaint indicated defendant had sold, delivered, and possessed controlled substances with intent to deliver, which sufficiently established trafficking element to constitute drug trafficking aggravated felony under "illicit trafficking" route of INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
JUDICIAL REVIEW - BIA REMAND TO IJ - AUTHORITY TO RAISE NEW ARGUMENTS ON REMAND
Matter of Patel, 16 I. & N. 600 (BIA 1978) (once there is a remand that is not limited or qualified, the immigration judge may consider other and further relief).
A respondent may therefore apply for additional discretionary relief before the Immigration Judge when the BIA remands a case, unless the BIA has specifically limited the purposes for which the case is remanded.
SOCIAL SECURITY BENEFITS
CRS Report for Congress on Social Security Benefits for Noncitizens, updated July 20, 2006.
http://bibdaily.com/pdfs/CRS%20social%20security%20benefits%20noncitizen...
JUDICIAL REVIEW - BIA JURISDICTION TO ORDER REMOVAL
Lazo v. Gonzales, 462 F.3d 53 (2d Cir. Sept. 1, 2006) (where IJ found removability, but granted relief, then BIA reverses grant of relief, BIA has jurisdiction to order noncitizen deported without remand to IJ), following Solano-Chicas v. Gonzales, 440 F.3d 1050, 1053-54 (8th Cir.2006); Del Pilar v. U.S. Att'y Gen., 326 F.3d 1154, 1156 (11th Cir.2003); Delgado-Reyuna v. Gonzalez, 450 F.3d 596, 600 (5th Cir. 2006). Disagrees with Molina-Camacho v. Ashcroft, 393 F.3d 937, 940-41 (9th Cir.2004).
RELIEF - VAWA<BR>BORDER CROSSINGS: UNDERSTANDING THE CIVIL, CRIMINAL, AND IMMIGRATION IMPLICATIONS FOR BATTERED WOMEN FLEEING ACROSS STATE LINES WITH THEIR CHILDREN
By Catherine F. Klein, Leslye E. Orloff & Hema Sarangapani. 39 Fam. L.Q. 109, Spring 2005. "This article will provide an overview of the impact of state criminal parental kidnapping or custodial interference statutes on immigrant survivors of domestic violence who already have left or wish to leave their state with their children."
http://bibdaily.com/pdfs/Border%20Crossings%2039_Fam_L_Q_109.pdf
RELIEF - ADJUSTMENT OF STATUS - DISCRETIONARY FACTOR
Wallace v. Gonzales, 463 F.3d 135 (2nd Cir. Sept. 1, 2006) (adjudication as a "Youthful Offender" under New York State criminal law, N.Y.Crim. Proc. Law 720.10-720.35, may be used in determining whether noncitizen should be granted adjustment of status as a matter of discretion, even those the adjudication is not a "conviction" for removability purposes).
JUVENILES - CONSIDERATION OF JUVENILE DEFENSES IN DENIAL OF RELIEF AS A MATTER OF DISCRETION
Wallace v. Gonzales, __ F.3d __, 2006 WL 2588018 (2nd Cir. Sept. 1, 2006) (adjudication as a "Youthful Offender" under New York State criminal law, N.Y.Crim. Proc. Law 720.10-720.35, may be used in determining whether noncitizen should be granted adjustment of status as a matter of discretion, even those the adjudication is not a "conviction" for removability purposes).
JUDICIAL REVIEW - APPEAL OF DECISION TO BIA
Matter of Liadov, 23 I&N Dec. 990 (BIA Sept. 12, 2006) (BIA lacks authority to extend 30-day time limit for filing appeal)
http://www.usdoj.gov/eoir/vll/intdec/vol23/3540.pdf