Book updates to AF (Aggravated Felonies)

JUDICIAL REVIEW - PETITION FOR REVIEW - FAILURE TO EXHAUST - WAIVER OF ARGUMENTS BY FAILURE TO PRESENT THEM TO THE BIA

Rodrigues-Nascimento v. Gonzales, 485 F.3d 60 (1st Cir. May 9, 2007) (court lacked jurisdiction since petitioner did not raise a constitutional claim or question of law concerning his petition for adjustment of status, and where petitioner waived his arguments against the denial of voluntary departure by not raising them before the BIA).

jurisdiction: 
First Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - SIMPLE BATTERY CONSTITUTES A CRIME OF DOMESTIC VIOLENCE UNDER FEDERAL CRIMINAL FIREARMS STATUTE

United States v. Griffith, 455 F.3d 1339, 1340-1345 (11th Cir. 2006) (Georgia conviction of simple battery, under Ga.Code Ann. 16-5-23(a)(1) (which occurs when a person "[i]ntentionally makes physical contact of an insulting or provoking nature with the person of another"), constitutes a "crime of domestic violence" under 18 U.S.C. 921(a)(33)(A)(ii), 922(g)(9), which defines a "crime of domestic violence" to include, inter alia, any offense that "has, as an element, the use or attempted use of physical force.").

jurisdiction: 
Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - SIMPLE BATTERY ON POLICE OFFICER CONSTITUTES CRIME OF VIOLENCE UNDER GUIDELINES

United States v. Glover, 431 F.3d 744, 747, 749 (11th Cir. 2005) (Florida conviction of simple battery on a law enforcement officer, in violation of Fla. Stat. 784.03 and 784.07, is a crime of violence under U.S.S.G. 4B1.2(a)(1) [inter alia, any offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another."]).

jurisdiction: 
Eleventh Circuit

RELIEF - 212(C) RELIEF - CANCELLATION OF REMOVAL - GRANT OF ONE FORM OF RELIEF PRECLUDES THE OTHER, WHETHER OR NOT SIMULTANEOUS

Peralta-Taveras v. Gonzales, 488 F.3d 580, ___ (2d Cir. May 22, 2007) ("Moreover, granting one form of relief [referring to 212(c) relief and cancellation of removal for lawful permanent residents] precludes the other, whether or not the applications are simultaneous." [Footnote and citation omitted.] Section 240A(c)(6) expressly precludes cancellation of removal for aliens who have previously received relief under 212(c)."), following Munoz-Yepez v. Gonzales, 465 F.3d 347, 350 (8th Cir.

jurisdiction: 
Second Circuit

RELIEF - SUSPENSION OF DEPORTATION

Pedroza-Padilla v. Gonzales, 486 F.3d 1362 (9th Cir. May 15, 2007) (stop-time rule for suspension of deportation, enacted in IIRAIRA, is not impermissibly retroactive).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - EXHAUSTION - PRESERVATION OF CLAIMS OF ERROR - FEDERAL APPEAL OF STATE CLAIMS

A defendant must "fairly present" the federal law claim, both facts and law, in each appropriate state court (including a states highest court with powers of discretionary review), at a time when state procedural law permits consideration on the merits. Baldwin v. Reese, 541 U.S. 27 (2004); Bell v. Cone, 543 U.S. 447 (2005).

jurisdiction: 
Other

RELIEF - WAIVERS - 212(H) - LEGALIZATION

Pedroza-Padilla v. Gonzales, 486 F.3d 1362 (9th cir. May 15, 2007) (IRCA waiver of inadmissibility does not also waive the legalization requirement that an alien have resided continuously in the United States since January 1, 1982).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - BIA ERRED IN FAILING TO CONSIDER AND DECIDE CLAIMS THAT IJ PROCEEDINGS SUFFERED FROM PROCEDURAL IRREGULARITY - CLAIM OF DENIAL OF RIGHT TO COUNSEL BEFORE IJ

Montes-Lopez v. Gonzales, 486 F.3d 1163 (9th Cir. May 17, 2007) (BIA errs when it fails on appeal to consider and decide claims that IJ proceedings suffered from procedural irregularity, such as claim that he was denied his right to counsel at proceedings before an immigration judge).

jurisdiction: 
Ninth Circuit

RELIEF - NON-LPR CANCELLATION OF REMOVAL - PHYSICAL PRESENCE REQUIREMENT

Landin-Zavala v. Gonzales, 488 F.3d 1150 (9th Cir. May 25, 2007) (order of excludability, acceptance of voluntary departure, and subsequent deportation stop the accrual of physical presence required to become eligible for non-LPR cancellation of removal).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - BIAS AUTHORITY TO ENTER REMOVAL ORDER

The BIA must remand the case to the IJ for entry of an order of removal where the BIA has reversed the IJs that the respondent is not removable. Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-81 (9th Cir. 2003); James v. Gonzales, 464 F.3d 505 (5th Cir. 2006); Sosa-Valenzuela v. Gonzales, __ F.3d __, 2007 U.S. App. LEXIS 10052 (10th Cir. May 1, 2007).

jurisdiction: 
Ninth Circuit

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