JUDICIAL REVIEW - DISCRETIONARY DECISIONS
Suvorov v. Gonzales, 441 F.3d 618 (8th Cir. Mar. 28, 2006) (courts lack jurisdiction to review questions of fact underlying discretionary decisions of the Attorney General involving waivers of inadmissibility or hardship waivers for purposes of relief from removal).
http://caselaw.lp.findlaw.com/data2/circs/8th/043911p.pdf
JUDICIAL REVIEW - REVIEWING COURT MAY NOT FIND NONCITIZEN DEPORTABLE UNDER GROUND THAT WAS NOT AT ISSUE IN APPEAL
Valencia v. Gonzales, 439 F.3d 1046, 1050 n.4, (9th Cir. Mar. 6, 2006) (California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), does not trigger removal where the charge in the NTA that the conviction constituted a sexual abuse of a minor aggravated felony, under INA 101(a)(43)(A), 8 U.S.C.
JUDICIAL REVIEW - PETITION FOR REVIEW - DISCRETIONARY DETERMINATIONS SUCH AS DENIAL OF 212(H) RELIEF AND ADJUSTMENT OF STATUS ARE NOT REVIEWABLE WHERE NO COLORABLE CONSTITUTIONAL CLAIMS OR QUESTIONS OF LAW ARE RAISED
Bugayong v. INS, 442 F.3d 67 (2d Cir. Mar. 15, 2006) (per curiam) (denial of adjustment of status and INA 212(h) waiver on discretionary basis not subject to judicial review; REAL ID Act of 2005, 106(a)(1)(A)(iii), Pub.L. No. 109-13, 119 Stat. 231, 310 (codified at 8 U.S.C. 1252(a)(2)(D)), does not override the jurisdiction-denying provision of 8 U.S.C. 1252(a)(2)(B)(i)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0256751p.pdf
JUDICIAL REVIEW - BIA AUTHORITY TO ORDER REMOVAL
Solano-Chicas v. Gonzales, 440 F.3d 1050 (8th Cir. Mar. 17, 2006) (where BIA reverses an immigration judge's ruling granting cancellation of removal, the BIA has authority to order removal directly without remand to the IJ).
http://caselaw.lp.findlaw.com/data2/circs/8th/043373p.pdf
RELIEF - AMNESTY - SAW PROGRAM
Francis v. Gonzalez, 442 F.3d 131 (2d Cir. Mar. 27, 2006) (Special Agricultural Workers Program automatically adjusted applicants without regard to admissibility at the time of adjustment).
RELIEF - DETENTION
Theres a new web address for ICEs Detention Operations Manual (the detention standards): http://www.ice.gov/partners/dro/opsmanual/index.htm ARIZONA IMMIGRATION CONSEQUENCES CHART ONLINE Chart: http://www.ilrc.org/Cal_DIP_Chart_by_section.pdf Notes Accompanying the Chart: http://firrp.org/documents/arizona%20notes%20revised%202005.doc
DETENTION - JUDICIAL REVIEW - HABEAS - CUSTODIAN
Kholyavskiy v. Achim, 443 F.3d 946 (7th Cir. Apr. 17, 2006) (petitioner should have named the warden of the prison in which he was detained as defendant instead of naming DHS officials, the Secretary of Homeland Security and the Attorney General).
http://caselaw.lp.findlaw.com/data2/circs/7th/052893p.pdf
CRIM DEF - PLEA AGREEMENT - JUDICIAL DEPORTATION IN LIEU OF PRISON
28 C.F.R. 0.197 ("The Immigration and Naturalization Service (Service) shall not be bound, in the exercise of its authority under the immigration laws, through plea agreements, cooperation agreements, or other agreements with or for the benefit of alien defendants, witnesses, or informants, or other aliens cooperating with the United States Government, except by the authorization of the Commissioner of the Service or the Commissioners delegate.
SPECIAL REMOVAL PROCEEDINGS FOR THOSE IN PRISON
United States v. Chavez-Diaz, 444 F.3d 1223 (10th Cir. Apr. 18, 2006) (noncitizen sentenced to 4-6 years for delivery of a controlled substance, with a further court order suggesting immediate deportation if deemed appropriate by the DHS, and actually deported 26 days later, is considered to have been sentenced to 6 years imprisonment for purposes of illegal re-entry sentencing enhancement; court rejected argument that order for immediate deportation was essentially an alternative suspended sentence).
RELIEF - WAIVER - 212(H) WAIVER - FAMILY UNITY
Yepez-Razo v. Gonzales, 445 F.3d 1216 (9th Cir. Apr. 24, 2006) (lawful permanent resident was able to show lawful residence in the United States for purposes of INA 212(h) relief despite out of status period because she was prima facie eligible for Family Unity treatment, and the out of status period was caused in part by an improper denial of the relief by the INS; any period under the Family Unity program is not to be counted as unlawful presence. INA 212(a)(9)(B)(iii)(III)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0372005p.pdf