RELIEF - ASYLUM - WITHHOLDING

Matter of SK, 23 I&N Dec. 936 (BIA Jun. 8, 2006) (contribution of $1,100 to an organization associated with a terrorist organization was sufficient to demonstrate "material support" of a terrorist organization, thereby disqualifying respondent from asylum and withholding of removal, even though respondent arguably did not intend the donation to be used for terrorist activities; INA 212(a)(3)(B) does not allow a "totality of the circumstances" in determining whether an organization is engaged in terrorist activity).

jurisdiction: 
BIA

POST-CON - GROUNDS - ACCESS TO SPANISH MATERIALS

Mendoza v. Carey, __ F.3d __ (9th Cir. Jun. 07, 2006) (denial of habeas reversed and remanded where petitioner had alleged facts which, if true, could entitle him to equitable tolling with regards to claims that he lacked English language ability, was denied access to Spanish-language legal materials, and could not procure the assistance of a translator during running of AEDPA period).
http://caselaw.lp.findlaw.com/data2/circs/9th/0456733p.pdf

jurisdiction: 
Ninth Circuit

RELIEF - CONVENTION AGAINST TORTURE

Hanan v. Gonzales, 449 F.3d 834 (8th Cir. 2006) (court lacks jurisdiction to review factual determination by immigration judge that noncitizen would be subject to torture if returned to Afghanistan, which is not a constitutional claim or question of law).

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW - CONVENTION AGAINST TORTURE

Hanan v. Gonzales, 449 F.3d 834 (8th Cir. 2006) (court lacks jurisdiction to review factual determination by immigration judge that noncitizen would be subject to torture if returned to Afghanistan, which is not a constitutional claim or question of law).

jurisdiction: 
Eighth Circuit

POST-CON - GROUNDS - SPEEDY TRIAL ACT

Zedner v. United States, __ U.S. __ (Jun. 05, 2006) (defendant may not prospectively waive application of Speedy Trial Act; harmless-error review is not appropriate to this issue).
http://laws.lp.findlaw.com/us/000/055992.html

jurisdiction: 
US Supreme Ct

RELIEF - 212(c) - REASON TO BELIEVE

It appears to be an open question whether a waiver under INA 212(c) may currently be used to avoid inadmissibility under INA 212(a)(2)(C) (reason to believe noncitizen is a drug trafficker). On one hand, that ground of inadmissibility is not excepted from 212(c) eligibility under 8 C.F.R. 1212.3(f)(3). On the other hand, the regulations allow for 212(c) for "aliens who pleaded guilty or nolo contendere to certain crimes." 8 C.F.R. 1212.3(h).

jurisdiction: 
Other

JUDICIAL REVIEW - STREAMLINING - THREE JUDGE PANEL

Guyadin vs Gonzales, 449 F.3d 465 (2d Cir. May 30, 2006) (court lacks jurisdiction to review question of whether BIA member responsible for an appeal erred in not referring the appeal to a three-member BIA panel). But see Purveegiin v. Gonzales, __ F.3d __ (3d Cir. Jun. 1, 2006).
http://caselaw.lp.findlaw.com/data2/circs/2nd/053252p.pdf

jurisdiction: 
Second Circuit

POST CON RELIEF - GROUNDS - INSUFFICIENCY OF EVIDENCE

United States v. Rios, __ F.3d __ (9th Cir. Jun. 02, 2006) (expert testimony that drug traffickers generally use firearms to further their drug crimes, was not by itself sufficient to establish that a firearm was possessed in furtherance of a particular drug crime).
http://caselaw.lp.findlaw.com/data2/circs/9th/0550000p.pdf

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - STREAMLINING - THREE JUDGE PANEL

Purveegiin v. Gonzales, 448 F.3d 684 (3d Cir. Jun. 1, 2006) (court has jurisdiction to review question of whether BIA member responsible for an appeal erred in not referring the appeal to a three-member BIA panel). But see, Guyadin v. Gonzales, __ F.3d __ (2d Cir. May 30, 2006).
http://caselaw.lp.findlaw.com/data2/circs/3rd/043797p.pdf

jurisdiction: 
Third Circuit

SENTENCING - GUIDELINES ARE NOT PRESUMPTIONS BUT STARTING POINTS

United States v. Zavala, ___ F.3d ___ (9th Cir. 2006) (court violated Booker by presuming that the advisory Sentencing Guideline calculation set forth the proper range for sentencing; advisory guidelines are a "starting point," not a presumption).

jurisdiction: 
Ninth Circuit

 

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