POST CON RELIEF - TEXAS - PARDON
Refer to http://www.tdcj.state.tx.us/bpp/ for info Texas pardons.
JUDICIAL REVIEW - REAL ID ACT - CONVERTING HABEAS TO DIRECT REVIEW
Kumarasamy v. Attorney General, 453 F.3d 169 (3d Cir. Jun. 23, 2006) (appeal from denial of writ of habeas corpus challenging deportation, on the basis that no deportation order existed, cannot be converted to a petition for direct review of a removal order under the REAL ID Act; REAL ID Act only applies only to cases where noncitizen seeks review of a final order of removal).
POST CON RELIEF - EFFECTIVE ORDER
Cruz v. Atty Gen. of the US, ___ F.3d ___ (3d Cir. Jun. 21, 2006) (BIA erred in failing to grant motion to reopen based upon new evidence that conviction upon which removal order was based has been recently vacated).
http://caselaw.lp.findlaw.com/data2/circs/3rd/052764p.pdf
RELIEF - VOLUNTARY DEPARTURE - STAY OF PERIOD
Obale v. Atty Gen. of the US, __ F.3d __ (3d Cir. Jun. 22, 2006) (court of appeals has jurisdiction to stay a grant of voluntary departure granted by BIA). http://caselaw.lp.findlaw.com/data2/circs/3rd/051109p.pdf
JUDICIAL REVIEW - HABEAS CORPUS - CUSTODY REQUIREMENT - NO CUSTODY AFTER REMOVAL FROM UNITED STATES
Kumarasamy v. Atty Gen. of the US, __ F.3d __ (3d Cir. Jun. 23, 2006) (petitioners who have already been removed from the United States do not satisfy the "in custody" requirement for habeas corpus jurisdiction).
http://caselaw.lp.findlaw.com/data2/circs/3rd/052323p.pdf
CONVICTION - PROOF OF CONVICTION - RAP SHEET PROPERLY ACCEPTED AS PROOF OF EXISTENCE OF CONVICTION
Rosales-Pineda v. Gonzales, ___ F.3d ___, 2006 WL 1667695 (7th Cir. Jun. 19, 2006) (FBI rap sheet indicating conviction of a controlled substances offense, in conjunction with corroborating evidence, "reasonably indicated the existence of a criminal conviction," and was therefore sufficient to establish that noncitizen was ineligible for relief under INA 212(h)). See 8 C.F.R. 1003.41(d).
RELIEF - WAIVER UNDER INA 212(h)
Rosales-Pineda v. Gonzales, 452 F.3d 627 (7th Cir. Jun. 19, 2006) (FBI rap sheet indicating conviction of a controlled substances offense, in conjunction with corroborating evidence, "reasonably indicated the existence of a criminal conviction," and was therefore sufficient to establish that noncitizen was ineligible for relief under INA 212(h)). See 8 C.F.R. 1003.41(d).
ILLEGAL RE-ENTRY-CONVICTION - PROOF OF IDENTITY
United States v. Urbina-Mejia, 450 F.3d 838 (8th Cir. Jun. 20, 2006) (NCIC report, which verifies records based upon fingerprint matches, was sufficient to show by a preponderance of the evidence that defendant had previously been convicted of an aggravated felony offense for purposes of illegal re-entry sentence enhancement).
http://caselaw.lp.findlaw.com/data2/circs/8th/054125p.pdf
RELIEF - LIFE ACT - APPLIES DESPITE BEING OUT OF STATUS
Padilla-Caldera v. Gonzales, 426 F.3d 1294 (10th Cir. Jun. 19, 2006) (INA 245(i) allows certain persons to adjust status even if they are inadmissible under INA 212(a)(9)(C)(i)(I) for having been unlawfully present in the United States for over one year).
http://laws.lp.findlaw.com/10th/049573.html
JUDICIAL REVIEW - REMOVAL PROCEEDINGS - LACK OF JURISDICTION TO ADJUDICATE LEGAL VALIDITY OF CRIMINAL CONVICTION IN REMOVAL PROCEEDINGS
Vargas v. Dep't of Homeland Sec., 451 F.3d 1105 (10th Cir. Jun. 21, 2006) (court does not have jurisdiction to review validity of underlying criminal conviction in petition for review of immigration removal order).
