Book updates to AF (Aggravated Felonies)

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 This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.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

RELIEF - POLITICAL ASYLUM - 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

AGGRAVATED FELONY - RETROACTIVITY

Tran v. Gonzales, __ F.3d __ (6th Cir. May 17, 2006) (IIRAIRA properly applied to pre-IIRAIRA conviction)
http://caselaw.lp.findlaw.com/data2/circs/6th/043800p.pdf

jurisdiction: 
Sixth Circuit

RELIEF - REINSTATEMENT

Sandoval v. US Attorney Gen., 440 F.3d 1276 (11th Feb. 27, 2006) (expedited removal regulation, 8 C.F.R. 241.8, is not ultra vires to statute, and does not violate due process; statute is not impermissibly retroactive when applied to a noncitizen who illegally re-entered the United States after IIRAIRA; reinstatement statute is not in conflict with INA 245(i) provisions). http://caselaw.lp.findlaw.com/data2/circs/11th/0412223p.pdf

jurisdiction: 
Eleventh Circuit

RELIEF - REINSTATEMENT OF REMOVAL ORDER - WHETHER REINSTATEMENT APPLIES TO NONCITIZEN WHO ENTERED THE UNITED STATES ILLEGALLY BEFORE THE EFFECTIVE DATE OF IIRAIRA

Fernandez-Vargas v. Gonzales, ___ U.S. ___ (Mar. 22, 2006) (granting certiorari to answer "whether and under what circumstances INA 241(a)(5) applies to an alien who reentered the United States illegally before the effective date of IIRAIRA, April 1, 1997.").

jurisdiction: 
US Supreme Ct

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