Garcia-Aguilar v. Lynch, __ F.3d __ (1st Cir. Nov. 25, 2015) (birth certificate received from Mexican consulate sufficient to establish alienage, independent of alleged constitutional violations).

Under Johnson, the Term Crime Involving Moral Turpitude
Is Void for Vagueness.

Several months ago, the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA) was unconstitutionally void for vagueness. See Johnson v. United States, 135 S. Ct. 2551 (2015). Because the reasons that led the Supreme Court to strike down that provision are just as present"if not more so"in the CIMT statute, the Court must apply Johnson to find that INA [ 212(a)(2)(A)(i)(I)/ 237(a)(2)(A)(ii)] is also void for vagueness.

Chavez-Solis v. Lynch, 803 F.3d 1004, 1009 (9th Cir. Oct.

Chavez-Solis v. Lynch, 803 F.3d 1004, 1009 (9th Cir. Oct. 6, 2015) (California conviction of possession of child pornography, Penal Code 311.11(a), is not a divisible statute, since the jury is not required to find the exact nature of the sexual activity portrayed, so no resort may be had to the modified categorical analysis to determine whether the conviction qualified as a child pornography aggravated felony, under INA 101(a)(43)(I), 8 U.S.C. 1101(a)(43)(I)).

Lora v. Shanahan, 804 F.3d 601 (2d Cir. Oct. 28, 2015) (DHS retains its authority and duty to detain noncitizen subject to mandatory detention even if not taken into custody immediately upon the noncitizen's release)

Lora v. Shanahan, 804 F.3d 601 (2d Cir. Oct. 28, 2015) (noncitizen subject to mandatory detention must be afforded a bail hearing before an immigration judge within six months of his or her detention).

Rodriguez v. Robbins, 804 F.3d 1060 (9th Cir. Oct. 28, 2015) (noncitizens subject to mandatory detention entitled to review after six months; DHS must prove by clear and convincing evidence that noncitizen is a flight risk or danger to community).

Matter of Castrejon-Colino, 26 I. & N. Dec. 667 (BIA 2015) (where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the aliens continuous physical presence for purposes of cancellation of removal under INA 240A(b)(1)(A), 8 U.S.C.

United States v. Cordova-Soto, 804 F.3d 714 (5th Cir. Oct. 23, 2015) (rejecting claims that Immigration Judge's failure to make express determination of the voluntariness of pro se alien's waiver of rights and stipulation of removability, and ICE agent's failure to explain to her that there was a possibility that she could become eligible for discretionary relief from removal rendered removal proceedings fundamentally unfair).

Note: The case depends heavily on the particular facts underlying this decision. The Fifth Circuit also relied upon United States v.

Flores v. Lynch, 803 F.3d 699 (5th Cir. 2015) (conviction for possession of marijuana in a school zone meets the personal use exception to deportability for a controlled substances offense; BIA erred in adding to the personal use exception a requirement that the offense be no more than the least serious offense).

NOTE: This reasoning should also invalidate the possession in jail disqualification from the marijuana exception to the controlled substance ground of deportation. The Court specifically cited, and disagreed with, Matter of Moncada"Servellon, 24 I. & N. Dec. 62 (BIA 2007).