James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction of aiding and abetting bank fraud, in violation of 18 U.S.C. 2, 1344, constituted an offense "involving" fraud or deceit, since the elements of aiding and abetting bank fraud "necessarily entailed the criminal intent to see bank fraud committed, some affirmative conduct designed to aid the bank fraud, and his seeking, by his own action, to make the bank fraud successful."; "Significantly, the aiding and abetting statute, 18 U.S.C.

James v. Gonzales, 464 F.3d 505 (5th Cir. Sept. 5, 2006) (while the BIA has jurisdiction to order noncitizen removed when IJ found removability, but granted relief, and the BIA then reverses the grant of relief, the BIA does not have jurisdiction to order removal where the IJ initially found noncitizen was not removable, and the BIA reverses; in such case, BIA must remand to IJ), distinguishing Delgado-Reyuna v. Gonzalez, 450 F.3d 596, 600 (5th Cir. 2006), following Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-881 (9th Cir. 2003).

Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (Pennsylvania conviction of two counts of manufacturing, delivering, or possessing a controlled substance with the intent to deliver, under 35 Pa. Stat. Ann.

Matter of Robles, 24 I. & N. Dec. 22 (BIA Sept. 27, 2006) (federal conviction of misprison of a felony, in violation of 18 U.S.C. 4, constitutes crime of moral turpitude, since mere failure to report an offense is insufficient; offense requires affirmative conduct of concealment, contrary to the duties owed to society; "evil intent" is implicit in statutory requirement that offender take affirmative step to conceal a felony from the proper authorities).



This decision is very badly reasoned, for the reasons given in the dissent in Navarro-Lopez v. Gonzales, 455 F.3d 1055 (9th Cir.

Matter of Robles, 24 I. & N. Dec. 22 (BIA Sept. 27, 2006) (commission of criminal offense mentioned in INA 212(a)(2) that constitutes a ground of inadmissibility or deportability under "stop-time" rule stops accrual pursuant to INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B) of period of continuous residence for cancellation of removal even though committed prior to effective date of IIRAIRA; Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001), does not require different conclusion), reaffirming Matter of Perez, 22
I. & N. Dec. 689 (BIA 1999).

ICE detention holds after release from criminal custody may be lodged for 48 hours, excluding weekends and holidays. 8 C.F.R. 287.7(d). There does not seem to be any legal or regulatory basis for "investigatory" holds. When counsel objects to such a hold, and demands to know the authority for such a hold, practitioners report ICE releases the client immediately.



The statutory basis for a detainer seems to be restricted to people arrested for a violation of any law relating to controlled substances.

Moosa v. INS, 171 F.3d 994 (5th Cir. 1999) ("Moosa maintains that taking away the finality requirement would lead to absurd results, such as an alien being deported when his conviction is on appeal, but the conviction later being reversed. As discussed, that is not the case here. Be that as it may, such concerns are more properly addressed to Congress.").

United States v. Baza-Martinez, ___ F.3d ___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (North Carolina conviction of taking indecent liberties with a child, in violation of N.C.G.S.

United States v. Baza-Martinez, ___ F.3d ___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (to constitute "abuse," in the context of sexual abuse of a minor, the essential elements of the statute of conviction must necessarily require harm or injury, whether psychological or physical, be inflicted on the minor).

United States v. Baza-Martinez, ___ F.3d ___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (court of appeals was unable to undertake modified categorical analysis, because record in district court failed to include any documents from the court of conviction on which to base modified categorical analysis).