JUDICIAL REVIEW - BOARD OF IMMIGRATION APPEALS - POWER TO ORDER DEPORTATION
Delgado-Reynua v. Gonzales, 450 F.3d 596 (5th Cir. May 23, 2006) (BIA may reverse immigration judges grant of relief and order deportation without remand to IJ; where deportability is not challenged, denial of relief merely eliminates "impediments to removal").
http://caselaw.lp.findlaw.com/data2/circs/5th/0421019cv0p.pdf
JUDICIAL REVIEW - MOTION TO REOPEN/RECONSIDER - RES JUDICATA
Guevara v. Gonzales, 450 F.3d 173 (5th Cir. May 19, 2006) (motions to reopen or reconsider are considered collateral attacks of prior immigration decisions; res judicata bars collateral jurisdictional attack of previous decisions of the BIA to grant or deny motion to reopen).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460685cv0p.pdf
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION - EQUITABLE TOLLING - ESTOPPEL - DUE PROCESS
DaCosta v. Gonzales, 449 F.3d 45 (1st Cir. May 24, 2006) (court lacks jurisdiction to review claims where BIA was not presented with opportunity to address legal questions raised for the first time on appeal to the circuit court), citing Olujoke v. Gonzales, 411 F.3d 16, 23 (1st Cir. 2005) (circuit courts lack authority "to consider points not squarely raised before the BIA").
http://laws.lp.findlaw.com/1st/051438.html
JUDICIAL REVIEW
AILF practice advisory: Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review (Apr. 5, 2006). This Practice Advisory discusses federal court jurisdiction over discretionary decisions after REAL ID in both the removal and non-removal contexts. It suggests an analysis for determining whether a court retains jurisdiction over a particular issue or case.
JUDICIAL REVIEW - PRESERVING ISSUES FOR APPEAL
Rivera-Zurita v. INS, 946 F.2d 118, 120 n. 2 (10th Cir.1991) (failure to raise question on appeal to Board constitutes failure to exhaust administrative remedies and deprives reviewing court of jurisdiction to address that issue).
JUDICIAL REVIEW - PETITION FOR REVIEW - COURT OF APPEALS HAS JURISDICTION UNDER REAL ID ACT TO REVIEW QUESTION OF LAW WHETHER BIA APPLIED PROPER LEGAL STANDARD TO DETERMINE WHETHER CRIME WAS PARTICULARLY SERIOUS
Afridi v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006) (Court of appeals has jurisdiction under REAL ID Act to review question of law whether BIA applied proper legal standard to determine whether conviction constituted a "particularly serious crime" for purposes of withholding of removal).
JUDICIAL REVIEW - JURISDICTION LIMITATION - TERRORIST GROUNDS NOT LISTED AS BAR
McAllister v. United States Atty Gen., 444 F.3d 178 (3d Cir. Apr. 10, 2006) (INA 237(a)(4)(B) ground of removal based upon terrorism is not listed in INA 242(a)(2)(C), and therefore does not bar court from judicial review).
http://caselaw.lp.findlaw.com/data2/circs/3rd/034513p.pdf
JUDICIAL REVIEW - TIMELY APPEAL
Huerta v. Ashcroft, 443 F.3d 753 (10th Cir. Apr. 11, 2006) (thirty day deadline to appeal IJ decision to the BIA is not jurisdictional; if BIA grants a late appeal neither the BIA nor a reviewing court of appeals is barred by an untimely filing of a notice to appeal to the BIA).
http://laws.lp.findlaw.com/10th/049542.html
JUDICIAL REVIEW
Hadwani v. Gonzales, 445 F.3d 798 (5th Cir. Apr. 10, 2006) (court lacked jurisdiction to review discretionary denial of adjustment of status; constitutional claims presented were without merit).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560066cv0p.pdf
JUDICIAL REVIEW - JURISDICTION LIMITATION - NO BAR UNLESS REMOVAL ORDER GROUNDED ON LISTED OFFENSE
McAllister v. United States Atty Gen., 444 F.3d 178 (3d Cir. Apr. 10, 2006) (for purposes of jurisdictional bar at 8 U.S.C. section 1252(a)(2)(C), a noncitizen is not "removable for reason of having committed [an enumerated] criminal offense" unless the final order of removal is grounded, at least in part, on one of those enumerated offenses).
http://caselaw.lp.findlaw.com/data2/circs/3rd/034513p.pdf