RELIEF - POLITICAL ASYLUM
Jean v. Gonzales, ___ F.3d ___, 2006 U.S. App. LEXIS 14281 (5th Cir. Jun. 9, 2006) (attorney general did not act ultra vires to the Act in creating and applying new heightened standards for allowing for adjustment of status and discretionary grant of relief from inadmissibility under INA 209(c), since the Jean heightened waiver standard is rationally related to the national immigration policy of not admitting aliens who would be a danger to society and within the attorney generals discretion). Citing Rivas--Gomez v. Gonzales, 441 F.3d 1072, 1079 (9th Cir. 2006).
RECORD OF CONVICTION - POLICE REPORTS
United States v. Vasquez-Garcia, __ F.3d __ (8th Cir. Jun. 9, 2006) (police reports could not be used to determine whether offense was an aggravated felony firearms offense; defendant wanted police reports submitted to rebut charging document to which he entered a plea to possession of a sawed off shotgun).
http://caselaw.lp.findlaw.com/data2/circs/8th/052735p.pdf
AGGRAVATED FELONY - FIREARMS - POSSESSION OF A SAWED OFF SHOTGUN
United States v. Vasquez-Garcia, __ F.3d __ (8th Cir. Jun. 9, 2006) (conviction for possession of a weapon, in violation of California Penal Code 12020(a), is an aggravated felony firearms offense where charges to which noncitizen entered plea indicated that the firearm was a sawed-off shotgun).
AGGRAVATED FELONY - FIREARMS - POSSESSION OF A SAWED OFF SHOTGUN
United States v. Vasquez-Garcia, __ F.3d __ (8th Cir. Jun. 9, 2006) (conviction for possession of a weapon, in violation of California Penal Code 12020(a), is an aggravated felony firearms offense where charges to which noncitizen entered plea indicated that the firearm was a sawed-off shotgun).
AGGRAVATED FELONY - FORGERY - GENERIC DEFINITION
Morales-Alegria v. Gonzales, ___ F.3d ___, 2006 WL 1529033 (9th Cir. Jun. 6, 2006) (California conviction of forgery under California Penal Code 476 constitutes an "offense relating to...forgery" under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), for purposes of qualifying as an "aggravated felony" to trigger removal, since it requires the knowledge of the fictitious nature of the instrument required to meet the mens rea requirement for the generic aggravated felony definition of an "offense relating to . . forgery").
http://caselaw.lp.findlaw.com/data2/circs/9th/0373117p.pdf
JUDICIAL REVIEW -- PETITION FOR REVIEW - EXHAUSTION REQUIREMENT
Morales-Alegria v. Gonzales, 449 F.3d 1051 (9th Cir. Jun. 6, 2006) (no appellate jurisdiction to review issue not raised below; noncitizen "cannot satisfy the exhaustion requirement by making a general challenge to the IJ's decision, but, rather, must specify which issues form the basis of the appeal."), quoting Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004).
AGGRAVATED FELONY - CRIME OF VIOLENCE - LEWD ACT ON MINOR
United States v. Ortiz-Delgado, __ F.3d __ (11th Cir. Jun. 6, 2006) (conviction for lewd act on a minor, in violation of California Penal Code 288 is a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515466p.pdf
AGGRAVATED FELONY - STATISTICS ON REMOVAL
TRAC report: http://trac.syr.edu/immigration/reports
CITIZENSHIP - NATURALIZATION - DENATURALIZATION -- DISCRETION
Amy D. Ronner, Article, Denaturalization And Death: What It Means To Preclude The Exercise Of Judicial Discretion, 20 GEO. IMMIGR. L.J. 101 (Fall, 2005).
RELIEF - 212(C) RELIEF - GUILTY PLEA - FIVE YEAR BAR
Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (although recognizing that the five-year bar does not apply to pre-IMMACT 90 conviction, the court held that St. Cyr foreclosed 212(c) relief for persons convicted by jury trial).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf