Book updates to AF (Aggravated Felonies)

AGGRAVATED FELONY - BURGLARY - CRIME OF VIOLENCE

United States v. Castillo-Morales, 507 F.3d 873 (5th Cir. Nov. 8, 2007) (illegal reentry sentence is affirmed where there was no error in a 16-level offense enhancement, since relevant Florida court documents indicated that defendant committed the "crime of violence" of "burglary of a dwelling," as enumerated in U.S.S.G. 2L1.2).

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - CONTINUANCE

Osorio-Pedreros v. Gonzales, 503 F.3d 162 (2d Cir. Oct. 3, 2007) (BIA was within its discretion to deny request for continuance where petitioner offered no meaningful argument as to his likelihood of success on appeal).

jurisdiction: 
Second Circuit

JUDICIAL REVIEW - DISCRETIONARY DECISIONS

Noble v. Keisler, 505 F.3d 73 (2d Cir. Oct. 2, 2007) (court lacks jurisdiction to review discretionary decisions by BIA).

jurisdiction: 
Second Circuit

RELIEF -WITHHOLDING - PARTICULARLY SERIOUS CRIME

Matter of NAM, 24 I. & N. Dec. 336 (BIA 2007) (for purposes of withholding of removal, a criminal offense does not have to be an aggravated felony in order to be considered a particularly serious crime under INA 241(b)(3)(B)(ii); once the elements of a conviction are found potentially to qualify as a particularly serious crime, all reliable information may be considered in determining whether the conviction constitutes a particularly serious crime). http://www.usdoj.gov/eoir/vll/intdec/vol24/3588.pdf

jurisdiction: 
BIA

JUDICIAL REVIEW - COURT OF APPEALS DEFERENCE TO BIA

Duran-Gonzales v. Mukasey, 508 F.3d 1227 (9th Cir. Nov. 30, 2007) (vacating district court order which granted preliminary injunctive relief to a class of aliens, and enjoined DHS from denying certain applications for permission to reapply for admission into the United States, or from acting on any denied applications), deferring to BIA decision in Matter of Torres-Garcia, 23 I. N. Dec. 866 (BIA 2006) (holding plaintiffs ineligible as a matter of law to adjust their status because they are ineligible to receive I-212 waivers).

jurisdiction: 
Ninth Circuit

ADJUSTMENT OF STATUS - LIFE ACT

Duran-Gonzales v. Mukasey, 508 F.3d 1227 (9th Cir. Nov. 30, 2007) (barring adjustment of status under LIFE Act if noncitizen has been removed and illegally re-entered; rule applies even if I-212 petition for permission to re-enter following removal was filed prior to DHS filing to reinstate prior removal order), reversing Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004), deferring to BIA decision Matter of Torres-Garcia, 23 I. N. Dec.

jurisdiction: 
Ninth Circuit

REINSTATEMENT OF REMOVAL

Duran-Gonzales v. Mukasey, 508 F.3d 1227 (9th Cir. Nov. 30, 2007) (barring adjustment of status under LIFE Act if noncitizen has been removed and illegally re-entered; rule applies even if I-212 petition for permission to re-enter following removal was filed prior to DHS filing to reinstate prior removal order), reversing Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004), deferring to BIA decision Matter of Torres-Garcia, 23 I. N. Dec.

jurisdiction: 
Ninth Circuit

ADMISSION - ADJUSTMENT OF STATUS DOES NOT BEGIN A NEW FIVE-YEAR PERIOD

Zhang v. Mukasey, 509 F.3d 313 (6th Cir. Nov. 29, 2007) (adjustment of status does not constitute an "admission" for purposes of starting the five-year period within which a CMT must be committed to trigger deportation under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a) (2)(A)(i)), agreeing with Shivaraman v. Ashcroft, 360 F.3d 1142, 1146 (9th Cir. 2004); Abdelqadar v. Gonzales, 413 F.3d 668, 673 (7th Cir. 2005); Aremu v. Dep't of Homeland Sec., 450 F.3d 578, 581 (4th Cir. 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), disagreeing with Matter of Shanu, 23 I. & N. Dec.

jurisdiction: 
Sixth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION REQUIREMENT IS JURISDICTIONAL - FAILURE TO APPEAL TO BIA IS FATAL TO PETITION FOR REVIEW

Grullon v. Mukasey, 509 F.3d 107 (2d Cir. Nov. 27, 2007) (failure to appeal removal order and denial of cancellation to BIA is jurisdictional, requiring denial of petition for review).

jurisdiction: 
Second Circuit

ADJUSTMENT OF STATUS - LIFE ACT

Echevarria v. Gonzales, 505 F.3d 16 (1st Cir. Oct. 4, 2007) (denial of adjustment of status under the LIFE Act was proper where the I-130 visa petition was not approvable when filed because of marriage fraud).

jurisdiction: 
First Circuit

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