ADMISSION - LEGALIZATION - SPECIAL AGRICULTURAL WORKERS - ADMISSIBILITY DETERMINED AS OF DATE OF ADMISSION FOR LAWFUL TEMPORARY RESIDENCE AND IS NOT REDETERMINED ON DATE OF ADJUSTMENT TO LAWFUL PERMANENT RESIDENT
Perez-Enriquez v. Gonzales, ___ F.3d ___ (9th Cir. Sept. 15, 2006) (en banc) (admissibility of noncitizen under the Special Agricultural Worker (SAW) legalization program is determined as of the applicant's date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370244pv4.pdf
RELIEF - LEGALIZATION - SPECIAL AGRICULTURAL WORKERS - ADMISSIBILITY DETERMINED AS OF DATE OF ADMISSION FOR LAWFUL TEMPORARY RESIDENCE AND IS NOT REDETERMINED ON DATE OF ADJUSTMENT TO LAWFUL PERMANENT RESIDENT
Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. Sept. 15, 2006) (en banc) (admissibility of noncitizen under the Special Agricultural Worker (SAW) legalization program is determined as of the applicant's date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370244pv4.pdf
JUDICIAL REVIEW - PETITION FOR REVIEW - VENUE - WHERE PETITION TRANSFERRED FROM HABEAS, REAL ID ACT DOES NOT REQUIRE TRANSFERRING CASE TO CIRCUIT IN WHICH DEPORTATION PROCEEDINGS HAD BEEN HELD
Moreno-Bravo v. Gonzales, 463 F.3d 253 (2d Cir. Sept. 12, 2006) (REAL ID Act does not require, as a matter of jurisdiction, transferring the case to the circuit where noncitizen's immigration proceedings were held).
http://caselaw.lp.findlaw.com/data2/circs/2nd/032968p.pdf
RELIEF - VOLUNTARY DEPARTURE - PERIOD NOT TOLLED BY FILING TIMELY PETITION FOR REVIEW AND REQUEST FOR A STAY
Iouri v. Gonzales, 464 F.3d 172 (2d Cir. Sept. 13, 2006) (voluntary departure period is not stayed, tolled, or otherwise extended by timely filed petition for review or motion for a stay of deportation in underlying asylum case).
http://caselaw.lp.findlaw.com/data2/circs/2nd/024992pv2.pdf
JUDICIAL REVIEW - STREAMLINING
Padilla-Padilla v. Gonzales, 463 F.3d 972 (9th Cir. Sept. 13, 2006) (because BIA issued a streamlined order, it was required to affirm the entirety of the IJ's decision, including the length of the voluntary departure period granted). http://caselaw.lp.findlaw.com/data2/circs/9th/0273627p.pdf
POST CON RELIEF - SENTENCE - GROUNDS - FEDERAL SENTENCE NOT UNLAWFUL FOR FAILURE TO TAKE INTO ACCOUNT PENDING DEPORTATION OF DEFENDANT
United States v. Meran, ___ F.3d ___, 2006 WL 2615152 (1st Cir. Sept. 13, 2006) (per curiam) (federal sentence not unlawful for failure to take defendant's pending deportation into account).
POST CON RELIEF - GROUNDS - INEFFECTIVE COUNSEL - FAILURE TO MITIGATE
Frierson v. Woodford, ___ F.3d ___ (9th Cir. Sept. 14, 2006) (prejudicial ineffective assistance of counsel found in failing to investigate and present important mitigation evidence at the penalty phase of a trial, failing to review juvenile court records, and failing to challenge a key mitigation witness's assertion of his privilege against self-incrimination at the penalty trial).
http://caselaw.lp.findlaw.com/data2/circs/9th/0499002p.pdf
AGGRAVATED FELONY - FRAUD OFFENSES - BANK FRAUD
James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction for aiding and abetting bank fraud, in violation of 18 U.S.C.
AGGRAVATED FELONY - FRAUD - LOSS TO VICTIM
James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction for aiding and abetting bank fraud, in violation of 18 U.S.C.
AGGRAVATED FELONY - FRAUD OFFENSES - DEFINITION OF "INVOLVES"
James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (concerning definition of aggravated felony offenses involving fraud or deceit, court stated: 'Involves' requires that the offense 'necessarily entails the "involved" behavior.' We recognize that '[w]hether an offense "involves" fraud is a broader question than whether it constitutes fraud.'").
