POST CONVICTION RELIEF - GROUNDS - PLEA COLLOQUY

United States v. Covian-Sandoval, __ F.3d __ (9th Cir. Aug. 31, 2006) (rejecting claim that plea colloquy was inadequate under FRCP 11 where any such error did not warrant relief under the plain error standard of review).
http://caselaw.lp.findlaw.com/data2/circs/9th/0550543p.pdf

jurisdiction: 
Ninth Circuit

NATURALIZATION

Abiodun v. Gonzalez, 461 F.3d 1210 (10th Cir. Aug. 30, 2006) (signing oath of allegiance during naturalization examination insufficient to confer citizenship).

jurisdiction: 
Tenth Circuit

JUDICIAL REVIEW - EXTREME HARDSHIP QUESTION UNDER INA 212(i)

Zhang v. Gonzales, 457 F.3d 172 (2d Cir. Jul. 12, 2006) (judicial review of whether respondent showed extreme hardship for purposes of adjustment of status under INA 212(i) is barred as a discretionary determination under 8 U.S.C. 1252(a)(2)(B)(i)).

jurisdiction: 
Second Circuit

RELIEF - REINSTATEMENT OF REMOVAL

Reinstatement of Removal Practice Advisory by AILF (Updated Jul. 11, 2006) (discussing reinstatement of removal, challenges to and federal court review of reinstatement orders, and the Supreme Court's recent decision in Fernandez-Vargas v. Gonzales). http://www.ailf.org/lac/reinstatment.pdf

jurisdiction: 
Other

GOOD MORAL CHARACTER - CHILD - PRESUMPTION

A child who is less than 14 years of age is presumed to be a person of
good moral character and is not required to submit affidavits of good
moral character, police clearances, criminal background checks, or other
evidence of good moral character. INA 204.2(e)(2)(iv).

jurisdiction: 
Other

POST CON RELIEF - FEDERAL - HABEAS - EQUITABLE TOLLING - DEFICIENT LAW LIBRARY

Roy v. Lampert, ___ F.3d ___ (9th Cir. Jul. 12, 2006) (reversing dismissal of petitioners' federal habeas petitions as untimely, and ordering evidentiary hearing on their equitable tolling claim, where they made sufficient allegations that they pursued their claims diligently and faced extraordinary circumstances once they were transferred to an Arizona prison facility which allegedly had a woefully deficient law library).
http://caselaw.lp.findlaw.com/data2/circs/9th/0435514p.pdf

jurisdiction: 
Ninth Circuit

CITIZENSHIP

Marquez-Marquez v. Gonzales, 455 F.3d 548 (5th Cir. Jul. 6, 2006) (under the undisputed facts Moreno did not automatically obtain U.S. citizenship pursuant to section 301(g) of the Immigration and Naturalization Act, 8 U.S.C. 1401(g), by virtue of her adoption by a U.S. citizen).

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - VAWA CANCELLATION

Wilmore v. Gonzales, 455 F.3d 524 (5th Cir. Jul. 5, 2006) (court of appeals lacks jurisdiction to review whether Petitioner was subjected to "extreme cruelty" for purposes of the battered spouse provision in 8 U.S.C. 1229b(b)(2)).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560467cv0p.pdf

jurisdiction: 
Fifth Circuit

RELIEF - VAWA CANCELLATION

Wilmore v. Gonzales, 455 F.3d 524 (5th Cir. Jul. 5, 2006) (court of appeals lacks jurisdiction to review whether Petitioner was subjected to "extreme cruelty" for purposes of the battered spouse provision in 8 U.S.C. 1229b(b)(2)).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560467cv0p.pdf

jurisdiction: 
Fifth Circuit

RELIEF - ADJUSTMENT OF STATUS - INADMISSIBILITY - VISA FRAUD - WAIVER

Coelho v. Gonzales, 452 F.3d 104 (1st Cir. Jul. 6, 2006) (applicant for adjustment of status properly held inadmissible because of a prior fraudulent attempt to gain an immigration benefit and ineligible for a waiver of inadmissibility because he did not have a qualifying relative).
http://laws.lp.findlaw.com/1st/051971.html

jurisdiction: 
First Circuit

 

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