Book updates to AF (Aggravated Felonies)

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

jurisdiction: 
Eleventh Circuit

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).

jurisdiction: 
BIA

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).

jurisdiction: 
Ninth Circuit

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 This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.

jurisdiction: 
BIA

RELIEF - 212(H) WAIVER - CONTROLLED SUBSTANCES - CANNABIS PRODUCTS

Apr 96 Gen Co memo 96-5

jurisdiction: 
Other

CITIZENSHIP - DERIVATIVE CITIZENSHIP

Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. Apr. 20, 2006) (sole - not joint - "legal custody" by a naturalized parent is required for a child seeking derivative naturalization; requirement not met where divorce decree awarded "sole physical custody" of child to mother, but required parents to share "joint legal custody.").
http://caselaw.lp.findlaw.com/data2/circs/5th/0560247cv0p.pdf

jurisdiction: 
Fifth Circuit

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.

jurisdiction: 
Seventh Circuit

CITIZENSHIP - REVOCATION

United States v. Zajanckauskas, 441 F.3d 32 (1st Cir. Mar. 23, 2006) (U.S. naturalized citizenship of a former soldier in the German Army who participated in the clearing of the Warsaw Ghetto during WWII is revoked).
http://laws.lp.findlaw.com/1st/051457.html

jurisdiction: 
First Circuit

RELIEF - WITHHOLDING OF REMOVAL - BIA FAILED TO CONSIDER MITIGATING FACTS IN DISCRETIONARY DETERMINATION

Afridi v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006) (BIA acted arbitrarily in failing to consider the facts of noncitizens California conviction for unlawful sexual intercourse with a minor in applying Frentescu standard to decide whether conviction constituted a "particularly serious crime" for purposes of withholding of removal).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION - EQUITABLE TOLLING - ESTOPPEL - DUE PROCESS

DaCosta v. Gonzales, 449 F.3d 45 (1st Cir. May 24, 2006) (court lacks jurisdiction to review claims where BIA was not presented with opportunity to address legal questions raised for the first time on appeal to the circuit court), citing Olujoke v. Gonzales, 411 F.3d 16, 23 (1st Cir. 2005) (circuit courts lack authority "to consider points not squarely raised before the BIA").
http://laws.lp.findlaw.com/1st/051438.html

jurisdiction: 
First Circuit

Archives

Sep 2010

Categories

Tags