RELIEF - CANCELLATION OF REMOVAL - STOP-TIME RULE NOT TRIGGERED BY CONVICTION FALLING WITHIN THE PETTY OFFENSE EXCEPTION
Matter of Deanda-Romo, 23 I. & N. Dec. 597 (BIA 2003)(CMT conviction falling within the petty offense exception does not trigger the stop-time rule for cancellation of removal, under INA § 240A(d)(1)(B), and the noncitizen had accrued seven years before a second offense had been committed).
RELIEF - CANCELLATION OF REMOVAL FOR NON-LPRS - CMT CONVICTION FALLING WITHIN THE PETTY OFFENSE EXCEPTION DOES NOT DISQUALIFY A NONCITIZEN FROM CANCELLATION UNDER INA § 240a(b)(1)(C) BECAUSE S/HE HAS NOT BEEN CONVICTED OF AN OFFENSE UNDER INA
§ 212(a)(2) Matter of Garcia-Hernandez, 23 I. & N. Dec. 590, 593 (BIA 2003)
RELIEF - CANCELLATION OF REMOVAL UNDER VAWA - CMT CONVICTION FALLING WITHIN THE PETTY OFFENSE EXCEPTION DOES NOT DISQUALIFY A NONCITIZEN FROM CANCELLATION UNDER INA § 240a(b)(1)(C) BECAUSE S/HE HAS NOT BEEN CONVICTED OF AN OFFENSE UNDER INA
§ 212(a)(2) Matter of Garcia-Hernandez, 23 I. & N. Dec. 590, 593 (BIA 2003)
RELIEF - CANCELLATION OF REMOVAL - LPR STATUS ACQUIRED THROUGH FRAUD HELD INELIGIBLE FOR CANCELLATION FOR LPRS
Matter of Koloamatangi, 23 I. & N. Dec. 548 (BIA January 8, 2003)(noncitizen who acquired LPR status through fraud held not "lawfully admitted for permanent residence" and therefore ineligible for cancellation of removal under INA § 240A(a), 8 U.S.C. § 1229b(a)).
RELIEF - CONVENTION AGAINST TORTURE
Cadet v. Bulger, 377 F.3d 1173 (11th Cir. July 20, 2004) (habeas jurisdiction remains available to challenge BIA affirmance of removal order; court rejected arguments that removal violates Convention Against Torture and Eighth Amendment).
JURISDICTION - PETITION FOR REVIEW - AGGRAVATED FELONY
HABEAS - FEDERAL - IMMIGRATION - CONVENTION AGAINST TORTURE CLAIM MAY BE RAISED ON HABEAS EVEN THOUGH NONCITIZEN MAY NOT RAISE IT IN PETITION FOR REVIEW BECAUSE S/HE HAS AGGRAVATED FELONY CONVICTION
Fort v. Ashcroft, 329 F.3d 191 (1st Cir. May 9,2003) (aggravated felony conviction does not bar 28 U.S.C. § 2241 habeas corpus jurisdiction over
Convention Against Torture claims, despite statute precluding judicial review of final orders of removal on behalf of those who have been convicted of aggravated felonies). http://laws.lp.findlaw.com/1st/022451.html
RELIEF - CONVENTION AGAINST TORTURE - NONCITIZEN MUST PRESENT THE CLAIM TO THE IMMIGRATION COURTS BEFORE PRESENTING IT TO THE COURT OF APPEALS
Oliva-Muralles v. Ashcroft, 328 F.3d 25 (1st Cir. May 6, 2003)(CAT claim may not be heard by court of appeals since noncitizen did not present it to the Board of Immigration Appeals).
http://laws.lp.findlaw.com/1st/021548.html
CRIM DEF - DETENTION - LIMITS ON IMMIGRATION AUTHORITY TO DETAIN AFTER CRIMINAL COURTS RELEASE ON BOND
United States v. Adomako, 150 F.Supp. 1302 (M.D. Fla 2001) (Bail Reform Act, 18 U.S.C. 3142(d), limits immigration authorities' ability to detain defendant after federal Judicial Officer has released defendant pending criminal trial).
RELIEF - DETENTION - MANDATORY DETENTION CONSTITUTIONAL
Gonzalez v. O'Connell, 355 F.3d 1010 (7th Cir. Jan. 21, 2004) (mandatory detention under 8 U.S.C. 1226(c) did not violate due process).
AGGRAVATED FELONY - THEFT OFFENSE
Fernandez-Ruiz v. Gonzales, 410 F.3d 585 (9th Cir. June 1, 2005), vacated on grant of rehearing en banc, ___ F.3d ___ 2005 WL 3372624 (9th Cir. Dec.13, 2005) (Arizona conviction of theft, in violation of Ariz. Rev. Stat. 13-1802(A)(1) and (C) (1992), defined as knowingly, and without lawful authority, controlling the property of another with the intent to deprive that person of it, with a sentence of 14 months in custody, constitutes a theft offense aggravated felony under INA 101(a)(43)(G), 8 U.S.C.
