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
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).
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).
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 This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.
Apr 96 Gen Co memo 96-5
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
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.
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
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).
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