RELIEF - VOLUNTARY DEPARTURE - PRE-CONCLUSION REQUEST NOT ASSESSED UNDER THAT STANDARD UNLESS RESPONDENT WAIVES REMOVAL DEFENSES OR RELIEF
Hashish v. Gonzales, 442 F.3d 572 (7th Cir. Mar. 24, 2006) (timely request for pre-conclusion voluntary departure not alone sufficient to avoid stricter requirements of post-conclusion voluntary departure; other requirements of 8 U.S.C. 1240.26(b)(1)(i), including waiver of removal offenses or relief, must also be met).
RELIEF - VOLUNTARY DEPARTURE
Banda Oritz v. Gonzalez, __ F.3d __ (5th Cir. Mar. 28, 2006) (grant of a motion to reopen does not automatically stay a period of voluntary departure; noncitizen must additionally request stay or reinstatement of voluntary departure period), disagreeing with Azarte v. Ashcroft, 394 F.3d 1278 (9th Cir.2005); Kanivets v. Gonzales, 424 F.3d 330 (3d Cir.2005); Sidikhouya v. Gonzales, 407 F.3d 950 (8th Cir.2005).
RELIEF - WAIVER - 212(C) WAIVER - POST-CONVICTION RELIEF
Lawrence v. Gonzales, 446 F.3d 221 (1st Cir. May 5, 2006) (where pre-IIRAIRA conviction was vacated on a basis of legal invalidity, but replaced with a new plea after IIRAIRA that also triggers removal, a waiver under INA 212(c) is unavailable where the new plea was not entered nunc pro tunc).
RELIEF - 212(C) RELIEF - JUDICIAL REVIEW
Avendano-Espejo v. Department of Homeland Sec., __ F.3d __ (2d Cir. May 11, 2006) (court lacks jurisdiction to review discretionary denial of INA 212(c) relief).
http://caselaw.lp.findlaw.com/data2/circs/2nd/0340921p.pdf
RELIEF - 212(C) RELIEF - NONCITIZEN ADMITTED AS LPR AFTER DISCLOSURE OF POSSESSION FOR SALE CONVICTION WAS NOT LAWFULLY ADMITTED AND THUS INELIGIBLE FOR 212(C) RELIEF
Savoury v. United States Atty Gen., __ F.3d __ (11th Cir. May 25, 2006) (noncitizen who was inadmissible at time of adjustment of status, but was allowed to adjust status by mistake, is not a noncitizen lawfully admitted to the United States for purposes of demonstrating eligibility for relief under former INA 212(c)).
http://caselaw.lp.findlaw.com/data2/circs/11th/0510966p.pdf
RELIEF - 212(C) RELIEF - GETTING AROUND MATTER OF BLAKE
Matter of G-A-, 7 I. & N. Dec. 274 (BIA 1956) (noncitizen in deportation proceedings allowed to apply for INA 212(c) relief where noncitizen had traveled out of the United States after conviction but before the deportation proceedings, on the theory that the INS should not have admitted the person after the conviction without a 212(c) waiver and that an IJ can grant the 212(c) waiver nunc pro tunc to the prior post-conviction/pre-deportation proceedings entry). See also, Matter of Arias-Uribe, 13 I. & N. Dec. 696 (BIA 1971).
RELIEF - INA 212(h) - VIOLENT AND DANGEROUS CRIMES
Rivas-Gomez v. Gonzales, 441 F.3d 1072 (9th Cir. Apr. 3, 2006) (BIA erred in applying heightened exceptional and extremely unusual hardship standard in application for INA 209(c) waiver without first determining, on the basis of the underlying facts, whether conviction for statutory rape was a violent or dangerous crime).
RELIEF - 212(H) WAIVER - CONTROLLED SUBSTANCES - CANNABIS PRODUCTS
Apr 96 Gen Co memo 96-5
RELIEF - NATURALIZATION - TERMINATION OF REMOVAL TO ALLOW NATS
Matter of Cruz, 15 I. & N. Dec. 236 (BIA 1974) requires an "affirmative communication" from the DHS to allow an IJ to terminate proceedings to allow a noncitizen to apply for naturalization. This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.
RELIEF - WITHHOLDING - PARTICULARLY SERIOUS CRIME
Tunis v. Gonzales, 447 F.3d 547 (7th Cir. May 15, 2006) (Wisconsin conviction of two counts of selling less than a gram of cocaine, with two years suspended sentence, with seven months actual custody ordered, constituted aggravated felony drug trafficking convictions, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), and thus particularly serious crimes under 8 U.S.C.