Book updates to AF (Aggravated Felonies)

JUDICIAL REVIEW - PRESERVING ISSUES FOR APPEAL

Rivera-Zurita v. INS, 946 F.2d 118, 120 n. 2 (10th Cir.1991) (failure to raise question on appeal to Board constitutes failure to exhaust administrative remedies and deprives reviewing court of jurisdiction to address that issue).

jurisdiction: 
Tenth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - COURT OF APPEALS HAS JURISDICTION UNDER REAL ID ACT TO REVIEW QUESTION OF LAW WHETHER BIA APPLIED PROPER LEGAL STANDARD TO DETERMINE WHETHER CRIME WAS PARTICULARLY SERIOUS

Afridi v. Gonzales, 442 F.3d 1212 (9th Cir. Apr. 4, 2006) (Court of appeals has jurisdiction under REAL ID Act to review question of law whether BIA applied proper legal standard to determine whether conviction constituted a "particularly serious crime" for purposes of withholding of removal).

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - JURISDICTION LIMITATION - TERRORIST GROUNDS NOT LISTED AS BAR

McAllister v. United States Atty Gen., 444 F.3d 178 (3d Cir. Apr. 10, 2006) (INA 237(a)(4)(B) ground of removal based upon terrorism is not listed in INA 242(a)(2)(C), and therefore does not bar court from judicial review).
http://caselaw.lp.findlaw.com/data2/circs/3rd/034513p.pdf

jurisdiction: 
Third Circuit

JUDICIAL REVIEW - TIMELY APPEAL

Huerta v. Ashcroft, 443 F.3d 753 (10th Cir. Apr. 11, 2006) (thirty day deadline to appeal IJ decision to the BIA is not jurisdictional; if BIA grants a late appeal neither the BIA nor a reviewing court of appeals is barred by an untimely filing of a notice to appeal to the BIA).
http://laws.lp.findlaw.com/10th/049542.html

jurisdiction: 
Tenth Circuit

JUDICIAL REVIEW

Hadwani v. Gonzales, 445 F.3d 798 (5th Cir. Apr. 10, 2006) (court lacked jurisdiction to review discretionary denial of adjustment of status; constitutional claims presented were without merit).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560066cv0p.pdf

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - PRECEDENTIAL VALUE OF CIRCUIT DECISION AFTER CERT GRANTED

Where certiorari has been granted, the underlying decision retains precedential value. There is some authority to the contrary. United States v. Tholl, 895 F.2d 1178, 1181 n. 7 (7th Cir. 1990) ("Because this issue is currently pending before the Supreme Court, United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988), cert. granted, 493 U.S. 808, 110 S.Ct.

jurisdiction: 
Seventh Circuit

JUDICIAL REVIEW - JURISDICTION LIMITATION - DISCRETIONARY DECISIONS - REVOCATION OF NIV VISA

Jilin Pharm. USA, Inc. v. Chertoff, 447 F.3d 196 (3d Cir. May 10, 2006) (decision by the attorney general under 8 U.S.C. 1155 to revoke a prior approval of a visa petition was an act of administrative discretion that was statutorily shielded from court review, even as to constitutional claims).
http://caselaw.lp.findlaw.com/data2/circs/3rd/052788p.pdf

jurisdiction: 
Third Circuit

RELIEF - DETENTION

Theres a new web address for ICEs Detention Operations Manual (the detention standards): http://www.ice.gov/partners/dro/opsmanual/index.htm ARIZONA IMMIGRATION CONSEQUENCES CHART ONLINE Chart: http://www.ilrc.org/Cal_DIP_Chart_by_section.pdf Notes Accompanying the Chart: http://firrp.org/documents/arizona%20notes%20revised%202005.doc

jurisdiction: 
Other

DETENTION - JUDICIAL REVIEW - HABEAS - CUSTODIAN

Kholyavskiy v. Achim, 443 F.3d 946 (7th Cir. Apr. 17, 2006) (petitioner should have named the warden of the prison in which he was detained as defendant instead of naming DHS officials, the Secretary of Homeland Security and the Attorney General).
http://caselaw.lp.findlaw.com/data2/circs/7th/052893p.pdf

jurisdiction: 
Seventh Circuit

CRIM DEF - PLEA AGREEMENT - JUDICIAL DEPORTATION IN LIEU OF PRISON

28 C.F.R. 0.197 ("The Immigration and Naturalization Service (Service) shall not be bound, in the exercise of its authority under the immigration laws, through plea agreements, cooperation agreements, or other agreements with or for the benefit of alien defendants, witnesses, or informants, or other aliens cooperating with the United States Government, except by the authorization of the Commissioner of the Service or the Commissioners delegate.

jurisdiction: 
Other

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