Matter of Romalez, 23 I&N Dec.

8 U.S.C. 1252(d)(1) (stating that a court may review a final order of removal only if the alien has exhausted all administrative remedies)



Sanchez-Cruz v. INS, 255 F.3d 775, 779-80 (9th Cir. 2001) (although petitioner's allegation of IJ bias presented a colorable due process claim, the claim was precluded by failure to. present it to the BIA).

Miller v. INS, 762 F.2d 21 (3d Cir. 1985) (grant of 212(h) waiver does not eliminate the crime for purposes of showing good moral character).

Congress knows how to refer to foreign criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

Congress knows how to refer to tribal criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

Congress knows how to refer to military criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

United States v. Romm, 455 F.3d 990 (9th Cir. Jul. 24, 2006) (border search exception to warrant requirements, allowing government to conduct routine searches of persons entering United States without probable cause, reasonable suspicion, or warrant applies to noncitizen who had attempted to enter Canada, but was turned back; defendant was in same position as any applicant for admission).

United States v. Charleswell, 456 F.3d 347 (3d Cir. Aug. 1, 2006) ("where an alien is misled to believe that he has no opportunity for judicial review, the lack
of an affirmative notice of the right to an appeal may combine to constitute a denial of the meaningful opportunity for judicial review, satisfying both 1326(d)(2) and Mendoza-Lopez).

Andrade v. Gonzales, __ F.3d __ (5th Cir. Aug. 1, 2006) (Massachusetts conviction of battery, in violation of Mass. Gen. Laws Ch. 265, 13A, although divisible, is found in this case to be an aggravated felony crime of violence under INA 101(a)(43)(F), as falling under 18 U.S.C.

Andrade v. Gonzales, 459 F.3d 538 (5th Cir. Aug. 1, 2006) (affirmative grant of adjustment of status before former INS in non-adjudicative hearing, where noncitizen disclosed all prior convictions, does not bar DHS from initiating removal proceeding based upon the same convictions).
http://caselaw.lp.findlaw.com/data2/circs/5th/0430247cv0p.pdf



NOTE: The court here engaged in no analysis of Matter of Rafipour, 16 I. & N. Dec. 470 (BIA 1978), or Matter of Rainford, 20 I. & N. Dec.