ILLEGAL REENTRY - SENTENCE AFFIRMED OVER PROCEDURAL OBJECTIONS
United States v. Rodriguez-Alvarez, ___ F.3d ___, 2005 WL 2551096 (7th Cir. Oct. 12, 2005) (affirming illegal reentry sentence, holding non-deferential standard of review applied as to defendant's argument that district court's procedural errors had rendered sentence unreasonable; District Court was not required to go through each statutory sentencing factor, or every factor raised by defendant, and articulate what weight they were given; and District Court's failure to make specific fact findings as to defendant's mitigating factors did not preclude review).
ILLEGAL REENTRY
United States v. Ibarra-Hernandez, ___ F.3d ___, 2005 WL 2585493 (6th Cir. Oct. 14, 2005) (vacating illegal reentry sentence on Booker grounds).
RELIEF - CANCELLATION - ONE YEAR ENDS ON 365TH DAY
Lagandaon v. Ashcroft, 383 F.3d 983 (9th Cir. Sept. 9, 2004) (for purposes of cancellation of removal residence requirement, 10 year period that starts on January 1, 1990, ends on December 31, 2000).
RELIEF - CANCELLATION FOR LPRS - BRIEF ABSENCE DID NOT DISQUALIFY APPLICANT
Morales-Morales v. Ashcroft, 384 F.3d 418 (7th Cir. Sept. 15, 2004) (petition for review granted where Immigration Judge improperly ruled that plaintiff's brief absence from the country rendered her ineligible for cancellation of removal).
RELIEF - CANCELLATION OF REMOVAL - BRIEF DEPARTURE BROKE CONTINUOUS PHYSICAL PRESENCE
Palomino v. Ashcroft, 354 F.3d 942 (8th Cir. Jan. 15, 2004) (noncitizen disqualified from cancellation of removal, under 8 U.S.C. 1229b(b)(1), on ground that his previous, brief, voluntary departure from the United States under threat of deportation constituted a break in continuous physical presence; 90/180 day limit contained in 8 U.S.C. 1229b(d)(2) is not exclusive definition of break in continuous physical presence).
http://caselaw.lp.findlaw.com/data2/circs/8th/023961p.pdf
RELIEF - SUSPENSION OF DEPORTATION - STOP TIME RULE
Suassuna v. INS, 342 F.3d 578 (6th Cir. September 4, 2003) (continuous physical presence for suspension of deportation ends upon service of the order to show cause, even if order was issued before enactment of the stop-time rule).
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/03a0316p.html
RELIEF - SUSPENSION OF DEPORTATION - STOP TIME RULE - EXCEPTION
Aoun v. INS, 342 F.3d 503 (6th Cir. August 29, 2003) ("stop time" rule inapplicable where, given lengthy delays, including continuances and administrative closure, noncitizen was prejudiced in his ability to have his suspension application decided under less stringent immigration rules).
http://laws.lp.findlaw.com/6th/03a0305p.html
RELIEF - CANCELLATION OF REMOVAL - CONVICTION OF CRIME OF MORAL TURPITUDE THAT FALLS WITHIN PETTY OFFENSE EXCEPTION DOES NOT DISQUALIFY RESPONDENT FROM CANCELLATION SINCE S/HE HAS NOT BEEN CONVICTED OF AN OFFENSE UNDER [INA §] 212(a)(2)
Matter of Garcia Hernandez, 23 I. & N. Dec. 590, Int. Dec. 3490, 2003 WL 21043271 (BIA May 8, 2003) (conviction of a crime involving moral turpitude that falls within the "petty offense" exception in INA § 212(a)(2)(A)(ii)(II), 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (1994), does not render the respondent ineligible for cancellation of removal under INA § 240A(b)(1)(C), 8 U.S.C. § 1229b(b)(1)(C) (Supp. IV 1998), since s/he "has not been convicted of an offense under [INA §] 212(a)(2)").
RELIEF - CANCELLATION OF REMOVAL - COMMISSION OR CONVICTION OF SECOND OFFENSE, THAT IS NOT A CMT, DOES NOT DISQUALIFY THE RESPONDENT FROM ELIGIBILITY FOR CANCELLATION SO LONG AS THE PETTY OFFENSE EXCEPTION EXCUSES INADMISSIBILITY FOR A SINGLE CMT CONVICTI
Matter of Garcia Hernandez, 23 I. & N. Dec. 590, Int. Dec. 3490, 2003 WL 21043271 (BIA May 8, 2003) (respondent, who was convicted of a crime involving moral turpitude that qualifies as a petty offense, was not rendered ineligible for cancellation of removal under INA § 240A(b)(1), 8 U.S.C. § 1229b(b)(1) by either his conviction or his commission of another offense that is not a crime involving moral turpitude).
RELIEF - CANCELLATION OF REMOVAL
Otarola v. INS, 270 F.3d 1272 (9th Cir. 2001) (reversing BIA decision to apply stop-time rule because frivolous INS appeal kept case alive until stop-time rule came into effect).