THEFT OFFENSE - AUTO THEFT
Matter of VZS, 22 I. & N. Dec. 1338
(BIA Aug. 1, 2000) (en banc) (California conviction for unlawful
driving and taking of a vehicle in violation of California
Vehicle Code § 10851 is a aggravated felony "theft offense"
under INA § 101(a)(43)(G), 8 U.S.C.
AGGRAVATED FELONY - FIREARMS TRAFFICKING
Joseph v. Attorney General of U.S., ___ F.3d ___, 2006 WL 2796256 (3d Cir. Oct. 2, 2006) (federal conviction of importing a firearm into a state, in violation of 18 U.S.C. 922(a)(3), does not constitute an "aggravated felony" of "illicit trafficking in firearms" under INA 101(a)(43)(C) and 237(a)(2)(A)(iii), 8 U.S.C. 1101(a)(43)(C), 1227(a)(2)(A)(iii), because 922(a)(3) does not include a "trafficking element").
AGGRAVATED FELONY - CRIME OF VIOLENCE - AGGRAVATED BATTERY WITH DEADLY WEAPON
United States v. Velasco, ___ F.3d ___, 2006 WL 2729670 (5th Cir. Sept. 27, 2006) (Illinois conviction for aggravated battery, under 720 IL. COMP. STAT.
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO INVESTIGATE
Outten v. Kearney, ___ F.3d ___, 2006 WL 2773076 (3d Cir. Sept. 28, 2006) (the limited scope of counsel's capital sentencing investigation of mitigating evidence constituted prejudicial ineffective assistance of counsel, requiring reversal).
JUDICIAL REVIEW - HABEAS CORPUS - DISTRICT COURT HABEAS JURISDICTION TO REVIEW DEPORTATION ORDERS WAS ELIMINATED BY REAL ID ACT
Puri v. Gonzales, 464 F.3d 1038 (9th Cir. Sept. 28, 2006) (rejecting argument that REAL ID Act violates Suspension Clause because it strips district courts of habeas corpus jurisdiction without providing an adequate substitute through the court of appeals), following Martinez-Rosas v. Gonzales, 424 F.3d 926, 928-29 (9th Cir. 2005).
DETENTION - CUSTODY REDETERMINATION - EVIDENCE - PENDING CHARGES AND UNDERLYING EVIDENCE
Matter of Guerra, 24 I. & N. Dec. 37 (BIA Sept. 28, 2006) (no error for immigration judge to consider a pending criminal charge, and the evidence underlying it, in deciding whether a noncitizen would be a danger to the community if released from immigration custody).
RELIEF - CANCELLATION - STOP-TIME RULE TRIGGERED BY CRIMINAL CONDUCT THAT CONSTITUTES GROUND OF INADMISSIBILITY OR DEPORTABILITY EVEN THOUGH NOT CHARGED OR FOUND AS GROUND OF REMOVAL
Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept. 28, 2006) (commission of offense stops the clock for cancellation of removal, by terminating a period of continuous residence in the United States pursuant to INA 240A(d)(1)(B), even though the offense was not charged as nor found to be a ground of inadmissibility or deportability), distinguishing Matter of Fortiz, 21 I. & N. Dec. 1199 (BIA 1998); see also Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. 2006) (rejecting due process challenge to use of uncharged conviction to find a noncitizen ineligible for relief).
RELIEF - CANCELLATION - STOP-TIME RULE TRIGGERED BY CRIMINAL CONDUCT THAT CONSTITUTES GROUND OF INADMISSIBILITY OR DEPORTABILITY EVEN THOUGH COMMITTED PRIOR TO EFFECTIVE DATE OF IIRAIRA
Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept. 28, 2006) (commission of criminal offense mentioned in INA 212(a)(2) that constitutes a ground of inadmissibility or deportability stops accrual pursuant to INA 240A(d)(1)(B) of period of continuous residence for cancellation of removal even though committed prior to effective date of IIRAIRA), following Matter of Perez, 22 I. & N. Dec. 689 (BIA 1999); Matter of Robles, 24 I. & N. Dec. 22 (BIA 2006) (Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001), does not require different conclusion); see also Fernandez-Vargas v.
CRIME OF MORAL TURPITUDE - RETAIL THEFT
Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept.
CRIME OF MORAL TURPITUDE - FALSE STATEMENT TO GOVERNMENT AGENT
Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept.
