RELIEF - ADJUSTMENT OF STATUS - INADMISSIBILITY - VISA FRAUD - WAIVER
Tchuinga v. Gonzales, 545 F.3d 54 (1st Cir. Jul. 7, 2006) (noncitizen ineligible for adjustment of status due to prior submission of a frivolous asylum application; court lacks jurisdiction to review frivolous asylum application because it was not raised in the motion to reopen).
http://laws.lp.findlaw.com/1st/051875.html
RELIEF - POLITICAL ASYLUM - FRIVOLOUS ASYLUM APPLICATION
Tchuinga v. Gonzales, 545 F.3d 54 (1st Cir. Jul. 7, 2006) (noncitizen ineligible for adjustment of status due to prior submission of a frivolous asylum application; court lacks jurisdiction to review frivolous asylum application because it was not raised in the motion to reopen).
http://laws.lp.findlaw.com/1st/051875.html
RELIEF - NATURALIZATION - GOOD MORAL CHARACTER - AGGRAVATED FELONY BAR
O'Sullivan v. U.S. Citizenship & Immigration Serv., 453 F.3d 809 (7th Cir. Jul. 6, 2006) (affirming denial of naturalization where Congress has called for de novo review of naturalization cases; wartime veterans are not excused from showing good moral character before naturalizing; CIS regulation setting forth a time period for which a wartime veteran must show good moral character was a valid exercise of delegated power; and aggravated felony bar applies to wartime veterans).
http://caselaw.lp.findlaw.com/data2/circs/7th/052943p.pdf
INADMISSIBILITY - VISA FRAUD - FRAUD BY MINORS
When the child is under 18, there is a good argument that he or she cannot knowingly commit fraud. If someone else (but not the child) indicated that the child was a USC by presenting a USC birth certificate at the border, the child did not make a false claim to United States citizenship, or engage in visa fraud, but merely made an EWI entry. Thanks to Leonor Perretta.
CONVICTION - CRIME - MINOR OFFENSE - NOT A CRIME UNLESS SUBJECT TO PARDON POWER - MISSOURI
Offense of violating City Charter of a city is Missouri, even though termed a "misdemeanor," is arguably not a "crime" since it is not subject to the Governor's pardon power. See Matter of Cevallos, 12 I. & N. Dec. 750, 1968 BIA LEXIS 71 (May 27, 1968) (one of the definitions of a "crime" is based on whether the "crime" is subject to the Governor's Pardon Powers). In Missouri, the Governor of the State has Pardon powers per Missouri Constitution Art. IV Sec 7. However, in Ex Rel Kansas City v. Renick (1900), 157 Mo. 292, 57 S.W.
POST CON RELIEF - GROUNDS - PLEA - INEFFECTIVE ASSISTANCE
Hoffman v. Arave, ___ F.3d ___ (9th Cir. Jul. 5, 2006) (affirming in part and reversing in part habeas petition based on ineffective assistance of counsel during pre-trial plea bargaining and during the guilt phase of his murder trial). http://caselaw.lp.findlaw.com/data2/circs/9th/0290004p.pdf
ILLEGAL RE-ENTRY - WHERE "FOUND"
United States v. Rodriguez, 453 F.3d 458 (7th Cir. Jul. 6, 2006) (for illegal re-entry purposes, a noncitizen if "found" wherever s/he is physically when arrested by federal authorities, not where s/he is first identified as illegally present by state authorities).
http://caselaw.lp.findlaw.com/data2/circs/7th/054786p.pdf
RELIEF - DEFERRAL OF REMOVAL
Political Asylum Project of Austin Press Release, Jul. 17, 2006.
"San Antonio, TX - Martine Jean Pierre Gregory was released from the Department of Homeland Security, Immigration and Customs Enforcement (ICE) custody on Friday July 13, 2006, when ICE granted a favorable decision in her request for Deferred Action Status."
http://www.bibdaily.com/pdfs/press.release.7.15.06.letterhead.pdf
POST CON RELIEF - EFFECTIVE ORDER -THE DEFENDANT'S MOTIVE IN SEEKING TO VACATE IS IRRELEVANT
Pickering v. Gonzales, - 465 F.3d 263 (6th Cir. Oct. 4, 2006), vacating Matter of Pickering, 23 I. & N. Dec. 621 (BIA 2003) ("the motive of the Petitioner in seeking to have his conviction quashed is of limited relevance to our inquiry. See Sandoval v. INS, 240 F.3d 577, 583 (7th Cir.2001). Such motive is relevant only to the extent that the Canadian court relied upon it in quashing the conviction.").
