Book updates to AF (Aggravated Felonies)

AGGRAVATED FELONY - FRAUD OFFENSES - AIDING AND ABETTING

James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction of aiding and abetting bank fraud, in violation of 18 U.S.C. 2, 1344, constituted an offense "involving" fraud or deceit, since the elements of aiding and abetting bank fraud "necessarily entailed the criminal intent to see bank fraud committed, some affirmative conduct designed to aid the bank fraud, and his seeking, by his own action, to make the bank fraud successful."; "Significantly, the aiding and abetting statute, 18 U.S.C.

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - JURISDICTION OF BIA TO ORDER REMOVAL

James v. Gonzales, 464 F.3d 505 (5th Cir. Sept. 5, 2006) (while the BIA has jurisdiction to order noncitizen removed when IJ found removability, but granted relief, and the BIA then reverses the grant of relief, the BIA does not have jurisdiction to order removal where the IJ initially found noncitizen was not removable, and the BIA reverses; in such case, BIA must remand to IJ), distinguishing Delgado-Reyuna v. Gonzalez, 450 F.3d 596, 600 (5th Cir. 2006), following Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-881 (9th Cir. 2003).

jurisdiction: 
Fifth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION WITH INTENT TO DELIVER

Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (Pennsylvania conviction of two counts of manufacturing, delivering, or possessing a controlled substance with the intent to deliver, under 35 Pa. Stat. Ann.

jurisdiction: 
Third Circuit

GOOD MORAL CHARACTER - STATUTORY BAR - GRANT OF WAIVER OF DEPORTABILITY UNDER FORMER INA 212(C) FOR AGGRAVATED FELONY CONVICTION DID NOT ELIMINATE THE CONVICTION AS A STATUTORY BAR TO SHOWING GMC

Chan v. Gantner, 464 F.3d 289 (2d Cir. Sept. 20, 2006) (waiver of deportation granted under former INA 212(c) does not remove aggravated felony conviction from consideration as a statutory bar to showing good moral character for purposes of eligibility to obtain naturalized citizenship under 8 U.S.C. 1427).

jurisdiction: 
Second Circuit

RELIEF - SUSPENSION OF DEPORTATION - RETROACTIVITY OF LEGISLATION REPEALING SUSPENSION

Lopez-Castellanos v Gonzales, 437 F.3d 848 (9th Cir. Feb. 16, 2006) (Congress did not make the elimination of suspension of deportation retroactive with sufficient clarity to disturb settled expectations, just as it did not do so with respect to waivers of deportability under former INA 212(c)), following INS v. St. Cyr, 533 U.S. 289 (2001)).

jurisdiction: 
Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - STATUTORY RAPE

United States v. Alvarado-Hernandez, ___ F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas conviction for consensual sexual intercourse with a 14-year-old victim in violation of Penal Code 22.011(a)(2), met the common-sense definition of crime of violence, for purposes of imposing a sixteen-level upward adjustment for an illegal-reentry conviction under U.S.S.G. 2L1.2(b)(1)(A)(ii) since it fell within the generic, contemporary definition of "statutory rape" which is specifically listed as a "crime of violence" for this purpose).

jurisdiction: 
Fifth Circuit

ADMISSION - LEGALIZATION - SPECIAL AGRICULTURAL WORKERS - ADMISSIBILITY DETERMINED AS OF DATE OF ADMISSION FOR LAWFUL TEMPORARY RESIDENCE AND IS NOT REDETERMINED ON DATE OF ADJUSTMENT TO LAWFUL PERMANENT RESIDENT

Perez-Enriquez v. Gonzales, ___ F.3d ___ (9th Cir. Sept. 15, 2006) (en banc) (admissibility of noncitizen under the Special Agricultural Worker (SAW) legalization program is determined as of the applicant's date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370244pv4.pdf

jurisdiction: 
Ninth Circuit

RELIEF - LEGALIZATION - SPECIAL AGRICULTURAL WORKERS - ADMISSIBILITY DETERMINED AS OF DATE OF ADMISSION FOR LAWFUL TEMPORARY RESIDENCE AND IS NOT REDETERMINED ON DATE OF ADJUSTMENT TO LAWFUL PERMANENT RESIDENT

Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. Sept. 15, 2006) (en banc) (admissibility of noncitizen under the Special Agricultural Worker (SAW) legalization program is determined as of the applicant's date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370244pv4.pdf

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - VENUE - WHERE PETITION TRANSFERRED FROM HABEAS, REAL ID ACT DOES NOT REQUIRE TRANSFERRING CASE TO CIRCUIT IN WHICH DEPORTATION PROCEEDINGS HAD BEEN HELD

Moreno-Bravo v. Gonzales, 463 F.3d 253 (2d Cir. Sept. 12, 2006) (REAL ID Act does not require, as a matter of jurisdiction, transferring the case to the circuit where noncitizen's immigration proceedings were held).
http://caselaw.lp.findlaw.com/data2/circs/2nd/032968p.pdf

jurisdiction: 
Second Circuit

RELIEF - VOLUNTARY DEPARTURE - PERIOD NOT TOLLED BY FILING TIMELY PETITION FOR REVIEW AND REQUEST FOR A STAY

Iouri v. Gonzales, 464 F.3d 172 (2d Cir. Sept. 13, 2006) (voluntary departure period is not stayed, tolled, or otherwise extended by timely filed petition for review or motion for a stay of deportation in underlying asylum case).
http://caselaw.lp.findlaw.com/data2/circs/2nd/024992pv2.pdf

jurisdiction: 
Second Circuit

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