Book updates to AF (Aggravated Felonies)

CITIZENSHIP - NATURALIZATION - DENATURALIZATION -- DISCRETION

Amy D. Ronner, Article, Denaturalization And Death: What It Means To Preclude The Exercise Of Judicial Discretion, 20 GEO. IMMIGR. L.J. 101 (Fall, 2005).

jurisdiction: 
Other

JUDICIAL REVIEW - CHOICE OF LAW

Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (immigration judges must apply the law of the circuit in which they sit; noncitizens in removal proceedings have no legal right to have removal proceedings commenced in a particular place, or to have the laws of a particular federal circuit applied to them), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006). See also Latu v. Ashcroft, 375 F.3d 1012 (10th Cir. 2004); Menowitz v.

jurisdiction: 
Tenth Circuit

RELIEF - 212(C) RELIEF - GUILTY PLEA - FIVE YEAR BAR

Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (although recognizing that the five-year bar does not apply to pre-IMMACT 90 conviction, the court held that St. Cyr foreclosed 212(c) relief for persons convicted by jury trial).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf

jurisdiction: 
Eleventh Circuit

RELIEF - 212(C) RELIEF - GUILTY PLEA - FIVE YEAR BAR

Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (although recognizing that the five-year bar does not apply to pre-IMMACT 90 conviction, the court held that St. Cyr foreclosed 212(c) relief for persons convicted by jury trial).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf

jurisdiction: 
Eleventh Circuit

RELIEF - VOLUNTARY DEPARTURE - NO AUTHORITY TO EXTEND AFTER EXPIRATION

Onikoyi v. Gonzales, __ F.3d __ (1st Cir. Jun. 16, 2006) (no jurisdiction to reinstate voluntary departure period after it has already expired).
http://laws.lp.findlaw.com/1st/052426.html

jurisdiction: 
First Circuit

CITIZENSHIP - NATIONAL OF UNITED STATES

Omolo v. Gonzales, 452 F.3d 404 (5th Cir. Jun. 12, 2006) (person may become a national only by birth or by completing the naturalization process) http://caselaw.lp.findlaw.com/data2/circs/5th/0510192cv0p.pdf

jurisdiction: 
Fifth Circuit

CITIZENSHIP

Hosein v. Gonzales, 452 F.3d 401 (5th Cir. Jun. 12, 2006) (dismissal of plaintiff-mother's claim that her citizenship should be backdated in order to effectuate citizenship for her son in order to allow him to avoid deportation).
http://caselaw.lp.findlaw.com/data2/circs/5th/0520460cv0p.pdf

jurisdiction: 
Fifth Circuit

GOOD MORAL CHARACTER - SODOMY

Nemetz v. INS, 647 F.2d 432 (4th Cir. 1981) (conviction under Virginia law making consensual sodomy a crime would not bar naturalization).

jurisdiction: 
Fourth Circuit

DETENTION - POST CON - INS HOLDS - CHALLENGING AFTER RELEASE FROM CRIMINAL CUSTODY

8 CFR 242.2(a)(4) allows state or federal officials can hold noncitizens for 48 hours (excluding weekends and holidays) based on an DHS detainer request. Bill pending in congress would extend this period to 14 days.

jurisdiction: 
Other

CATEGORICAL ANALYSIS - CONSIDERATION OF STATE JUDICIAL DECISIONS

Ortega-Mendez v. Gonzales, ___ F.3d ___, 2006 WL 1642755 (9th Cir. Jun. 15, 2006) (looking to California state law to determine meaning of "force or violence" in California Penal Code 242).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).

jurisdiction: 
Ninth Circuit

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