Book updates to AF (Aggravated Felonies)

JUDICIAL REVIEW - PETITION FOR REVIEW - JURISDICTION - DENIAL OF CONTINUANCE NOT REVIEWABLE ON PETITION FOR REVIEW

Ikenokwalu-White v. Gonzales, __ F.3d __, 2007 WL 1964645 (8th Cir. Jul. 9, 2007) (court lacks jurisdiction to review denial of continuance).

jurisdiction: 
Eighth Circuit

RELIEF - 212(C) RELIEF - BLAKE

Abebe v. Gonzales, 493 F.3d 1092 (9th Cir. Jul. 9, 2007) (upholding Matter of Blake, 23 I. & N. Dec. 722 (BIA 2005), vacated by Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007), in light of Komarenko v. INS, 35 F.3d 432 (9th Cir. 1994)), agreeing with Dolombo Fontes v. Gonzales, 483 F.3d 115 (1st Cir. 2007); Caroleo v. Gonzales, 476 F.3d 158 (3rd Cir. 2007); Brevia-Perez v. Gonzales, 4F.3d 356 (5th Cir. 2007); Valere v. Gonzales, 473 F.3d 757 (7th Cir. 2007), disagreeing with Blake v. Carbone, __ F.3d __, 2007 WL 1574760 (2d Cir. 2007).

jurisdiction: 
Ninth Circuit

ILLEGAL REENTRY - SENTENCE - EQUAL PROTECTION - 16-LEVEL ENHANCEMENT FOR ILLEGAL REENTRY DID NOT VIOLATE EQUAL PROTECTION ALTHOUGH SAME PRIORS WOULD HAVE CAUSED SMALLER ENHANCEMENT IF DEFENDANT HAD BEEN CONVICTED OF DIFFERENT OFFENSE

United States v. Ruiz-Chairez, 493 F.3d 1089 (9th Cir. July 6, 2007) (enhanced sentence for illegal reentry after deportation affirmed over an equal protection challenge, since Sentencing Commission did not act arbitrarily in treating one convicted of this offense more severely than a felon who is convicted of a different crime and has the same priors for enhancement purposes).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - IMMIGRATION JUDGE'S FAILURE TO CONSIDER NONCITIZEN'S CLAIM

Muradin v. Gonzales, __ F.3d __, 2007 WL 2080219 (9th Jul. 23, 2007) (reversing and remanding where IJ failed to address petitioner's claim that he was persecuted because he belonged to a particular social group, and substantial evidence supported petitioner's eligibility for relief under the Convention Against Torture).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - EVIDENCE - FACT FINDING BY BIA

Forteau v. U.S. Atty. Gen'l., __ F.3d __ (3d Cir. Jul. 20, 2007) ("The BIA simply ignored [the IJ's factual] findings and replaced them with its own version of the facts. ... Because the BIA did not defer to the IJs factual findings and review them for clear error, and because the BIA engaged in its own independent factfinding, we ... summarily grant the petition for review and remand for further proceedings.").

jurisdiction: 
Third Circuit

ILLEGAL REENTRY - SENTENCE

United States v. Hernandez-Gonzalez, __ F.3d __, 2007 WL 2051096 (3d Cir. July 19, 2007) (date that illegal re-entry offense commences, for purposes of calculating the criminal history score, is the date defendant entered the U.S., not the date that he was found by immigration authorities).

jurisdiction: 
Third Circuit

JUDICIAL REVIEW - CONTINUANCE - IMMIGRATION JUDGE ERRONEOUSLY DENIED UNOPPOSED REQUEST FOR CONTINUANCE TO PRESENT EVIDENCE IN SUPPORT OF ADJUSTMENT OF STATUS

Badwan v. Gonzales, __ F.3d __ (6th Cir. Jul. 18, 2007) (IJ abused discretion in denying petitioner's unopposed motion for a continuance to present evidence in support of his application for adjustment of status)

jurisdiction: 
Sixth Circuit

ILLEGAL REENTRY - ELEMENTS - PRIOR DEPORTATION

United States v. Diaz-Luevano, ___ F.3d ___, 2007 WL 2044256 (9th Cir. Jul. 18, 2007) (prior physical removal remains one of the bases for sentence enhancement under 8 U.S.C. 1326 and United States Sentencing Guideline 2L1.2; Morales-Izquierdo v. Gonzales, 486 F.3d 484 (9th Cir. 2007) (en banc), does not overrule United States v. Luna-Madellaga, 315 F.3d 1224 (9th Cir. 2003)).

jurisdiction: 
Ninth Circuit

JUVENILE - RELIEF - CANCELLATION - FIVE YEAR LAWFUL PERMANENT RESIDENCE REQUIREMENT - PARENT'S LPR STATUS CANNOT BE IMPUTED TO CHILD FOR THIS PURPOSE

Matter of Escobar, 24 I. & N. Dec. 231 (BIA July 11, 2007) (parents lawful permanent resident status cannot be imputed to a child [who did not adjust until much later] for purposes of calculating the five years of lawful permanent residence required to establish eligibility for cancellation of removal under INA 240A(a)(1), 8 U.S.C. 1229b(a)(1)).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3572.pdf

jurisdiction: 
BIA

BIA - APPEAL - UNTIMELY APPEALS

Khan v. U.S. Dept. of Justice, __ F.3d __, 2007 WL 1976151 (2d Cir. Jul. 10, 2007) (reaffirming that extraordinary or unique circumstances may excuse the untimely filing of an appeal with the BIA).

jurisdiction: 
Second Circuit

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