Malagon de Fuentes v. Gonzales, 462 F.3d 498 (5th Cir. Aug. 28, 2006) (no equal protection violation to treat impose additional eligibility requirements on LPRs seeking admission that are not required of non-LPRs), following De Leon-Reynoso v. Ashcroft, 293 F.3d 633, 640 (3d Cir.2002); Jankowski-Burczyk v. INS, 291 F.3d 172, 178 (2d Cir. 2002); Lukowski v. INS, 279 F.3d 644, 647-48 (8th Cir. 2002); Moore v. Ashcroft, 251 F.3d 919, 925 (11th Cir.2001); Lara-Ruiz v. INS, 241 F.3d 934, 947 (2d Cir. 2001); Umanzor v. U.S.I.N.S., 178 F.3d 1286 (4th Cir. 1999) (Table).

Merchant v. US Atty Gen., 461 F.3d 1375 (11th Cir. Aug. 25, 2006) (IJ erred in denying motion for continuance where applicant for adjustment of status had met and fulfilled all requirements to adjust status under INA 245(i), but the USCIS had yet to approve the visa, since 8 C.F.R. 245.10(b)(2) requires only that noncitizen be eligible for visa; court contrasted this case from situation where noncitizen had not yet fulfilled all requirements) http://caselaw.lp.findlaw.com/data2/circs/11th/0513086p.pdf

Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction of aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C), defined as intentional physical contact in any manner whereby great bodily harm, disfigurement or death can be inflicted, is not a crime of violence under 18 U.S.C. 16, and thus not an "aggravated felony" for immigration purposes, since this set of elements can be violated by conduct that does not present a substantial risk that offender will use physical force).

Ochoa-Amaya v. Gonzales, ___ F.3d ___, 2007 WL 851340 (9th Cir. Dec. 29, 2006) (adjustment of status properly denied where BIA correctly interpreted Child Status Protection Act in finding petitioner not to qualify as a child under the CSPA).
http://caselaw.lp.findlaw.com/data2/circs/9th/0574693p.pdf

Salviejo-Fernandez v. Gonzales, ___ F.3d ___ (9th Cir. Jul. 31, 2006) (California conviction of maintaining a place to store drugs for sale, in violation of Health & Safety Code 11366, constitutes a drug trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for immigration purposes).



Note: The majority holds that a violation of California Heath & Safety Code 11366 is a categorical match for 21 U.S.C. 856 (i.e., has the exact same elements and covers the same range of offenses), and is thus categorically an aggravated felony drug offense.

Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. Jul. 31, 2006) (rejecting due process argument regarding notice, the Ninth Circuit found that a criminal conviction not charged in the NTA could be used to find that a noncitizen was ineligible for relief; in the context of cancellation of removal the IJ accepted proof of a criminal conviction not charged in the NTA to find noncitizen was ineligible for cancellation of removal as an alien convicted of an aggravated felony), following Brown v. Ashcroft, 360 F.3d 346, 353 (2d Cir. 2004); Aalund v. Marshall, 461 F.2d 710, 712-713 (5th Cir.

Toussaint v. Attorney Gen., 455 F.3d 409 (3d Cir. Jul. 26. 2006) (criminal deportees are not recognized as a social group for asylum purposes under United States immigration laws; rejecting asylum claim of Hatian asylum applicant that she would be persecuted in Haiti because she was removed from the United States as a criminal).
http://caselaw.lp.findlaw.com/data2/circs/3rd/053311p.pdf

Eritrea, like Vietnam, is one of the countries that "block or inhibit repatriation of illegal aliens." As a result, deportations to Eritrea are rare. See
OIG-06-33, April 2006, DHS IG, "Detention and Removal of Illegal Aliens"
Available at: http://www.dhs.gov/interweb/assetlibrary/OIG_06-33_Apr06.pdf

Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005) ("When the BIA issues a short opinion adopting an IJs decision, we review the two decisions together, including the portions [of the IJs decision] not explicitly discussed by the BIA.").

[Thanks to Stacy Tolchin] President Bush, on 7/27/06, signed into law the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472; PL 109-248). Drafted to strengthen penalties against child predators, the Act also bars convicted sex offenders from having family-based petitions approved and makes failure to register as a sex offender a deportable offense. Specifically, section 402 bars all U.S.