CRIME OF MORAL TURPITUDE - DEPORTABILITY - DATE OF ADMISSION INCLUDES DATE OF ADJUSTMENT OF STATUS
Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), vacated by Aremu v. Dept. of Homeland Security, 450 F.3d 578 (4th Cir. 2006) (phrase "date of admission" in INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i) (2000), refers to, among other things, the date on which a previously admitted alien is lawfully admitted for permanent residence by means of adjustment of status), overruled by Aremu v. DHS, 450 F.3d 578 (4th Cir. Jun. 19, 2006).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3513.pdf
IMMIGRATION CONSEQUENCES - DEPORTATION - FIVE YEAR PERIOD AFTER ADMISSION APPLIES TO ANY ADMISSION INCLUDING ADJUSTMENT OF STATUS, NOT MERELY FIRST ADMISSION
Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005) (noncitizen convicted of a single crime involving moral turpitude punishable by at least one year is removable from the United States under INA 237(a)(2)(A)(i) if the crime was committed within five years after the date of any admission, whether the first or any later admission), overruled by Aremu v. DHS, 450 F.3d 578 (4th Cir. Jun. 19, 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3513.pdf
ADMISSION TO US - TURNING AROUND AT US BORDER
Handa v. Clark, __ F.3d __, 2005 WL 678739 (9th Cir. March 25, 2005) (lawfully admitted noncitizen denied admission into Canada, but allowed by Canadian immigration officials to drive into Canada to turn his car around is not making an exit, and subsequent reentry to the United States; upon arrest by U.S immigration officials, noncitizen should be placed in deportation, rather than inadmissibility proceedings).
CRIME OF MORAL TURPITUDE - DEPORTATION GROUND - DATE OF ADMISSION - CRIME NOT COMMITTED WITHIN FIVE YEARS OF ADMISSION
Abdelqadar v. Gonzales, ___ F.3d ___, 2005 WL 1540245 (7th Cir. July 1, 2005) (noncitizen held not deportable for commission of a crime involving moral turpitude over six years after admission into United States, since it was not within five years of that date, even though it had been committed within five years of date of adjustment of status), distinguishing Matter of Rosas-Ramirez, 22 I & N Dec. 616 (1999) (en banc).
AGGRAVATED FELONY - ATTEMPT - INDECENT SOLICITATION OF A CHILD CONSTITUTED ATTEMPTED SEXUAL ABUSE OF A MINOR
Hernandez-Alvarez v. Gonzales, ___ F.3d ___, 2005 WL 3534204 (7th Cir. Dec. 28, 2005) (Illinois conviction of indecent solicitation of a child, in violation of 720 ILCS 5/11-6(a)(2000), constituted sexual abuse of a minor aggravated felony, under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), for deportation purposes even though the person solicited was an adult police officer rather than a minor), following Gattem v. Gonzales, 412 F.3d 758 (7th Cir. 2005).
ADMISSION - LPR SEEKING ADMISSION - BURDEN OF PROOF
Sandoval-Loffredo v. Gonzales, ___ F.3d ___ (8th Cir. July 13, 2005) (petitioner claimed that DHS must show, by clear and convincing evidence that returning lawful permanent falls within exception to INA 101(a)(13)(C); court found that IJ had put burden on DHS in finding petitioner had engaged in alien smuggling, and denied review; court refused to decide whether IJ was correct in placing burden on DHS).
http://caselaw.lp.findlaw.com/data2/circs/8th/041977p.pdf
INADMISSIBILITY - RETURNING LPR - BURDEN OF PROOF ON GOVERNMENT WHERE APPLICANT FOR ADMISSION HAS COLORABLE CLAIM TO LPR STATUS
An exception to the noncitizen bearing the burden of proof in inadmissibility proceedings occurs when the applicant for admission has a colorable claim to status as a returning lawful permanent resident. In that case, the burden of proof to establish excludability is on the INS. Matter of Kane, 15 I. & N. Dec. 258 (BIA 1975). The government's burden is then to show by clear and convincing evidence that the applicant should be deprived of lawful permanent resident status. See Matter of Huang, 19 I. & N. Dec. 749 (BIA 1988). See also, Toro-Romero v. Ashcroft, 382 F.3d 930 (9th Cir. Aug.
ABANDONMENT OF LAWFUL PERMANENT RESIDENCE
Hana v. Gonzalez, 400 F.3d 472 (6th Cir. March 14, 2005) (looking at totality of the circumstances, Iraqi woman did not abandon her LPR status, despite 4 years of living abroad, where the reason for her absence from the United States was because she feared her absence would alert the Government to her attempt to immigrate herself and her family to the United States, and because she needed to care for her ailing mother).
INADMISSIBILITY - RETURNING LPR - GOVERNMENT BEARS THE BURDEN OF PROVING INADMISSIBILITY
Matter of Kane, 15 I & N 256, 264 (BIA 1975) (the Government bears the burden of showing that a returning lawful permanent resident is inadmissible to the United States).
INADMISSIBILITY - ARRIVING ALIEN - ABANDONMENT OF LAWFUL PERMANENT RESIDENCE
Katebi v. Ashcroft, 396 F.3d 463 (1st Cir. Feb. 3, 2005) (lawful permanent resident abandoned status upon moving to, working in, and applying for Canadian citizenship shortly after gaining LPR status in the United States, and upon repeated and lengthy trips to Iran).
http://laws.lp.findlaw.com/1st/032550.html
