JUDICIAL REVIEW - BIA DECISION AS PRECEDENT
Matter of ELH, 23 I&N Dec. 814 (BIA 2005) (holding that a BIA precedent decision remains controlling unless the Attorney General, Congress, or a federal court modifies or overrules a decision). See also 8 C.F.R. 1003.1(d)(7).
RELIEF - CANCELLATION - STOP-TIME RULE - RULE PROPERLY APPLIED RETROACTIVELY TO CONVICTION PREDATING ENACTMENT OF RULE
Peralta v. Gonzales, 441 F.3d 23 (1st Cir. Mar. 23, 2006) (stop-time rule for cancellation of removal applies retroactively to convictions prior to IIRAIRA).
DETENTION - MANDATORY DETENTION - POST-FINAL ORDER REMOVAL - VIETNAM - VIETNAM DOES NOT ACCEPT DEPORTEES
Vietnam is still not accepting deportees, as a categorical matter, except some recent travelers from Vietnam who have valid passports. The United States cannot currently remove Vietnamese nationals who came here as refugees in the 1970s-1990s, so they have Zadvydas claims. The United States has been attempting to negotiate a repatriation agreement with Vietnam for years, without success. Proposed legislation seeks to reverse Zadvydas.
ADJUSTMENT OF STATUS - MISTAKE BY DHS
Savoury v. United States Atty Gen., 449 F.3d 1307 (11th Cir. May 25, 2006) (noncitizen who was inadmissible at time of adjustment of status, but was allowed to adjust status by mistake, is not a noncitizen lawfully admitted to the United States for purposes of demonstrating eligibility for relief under former INA 212(c)). http://caselaw.lp.findlaw.com/data2/circs/11th/0510966p.pdf
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIENS - VALIDITY OF REGULATION PRECLUDING ADJUSTMENT
Akhtar v. Gonzales, 450 F.3d 587 (5th Cir. May 23, 2006) (regulation precluding applications for adjustment of status from "paroled" "arriving aliens" in removal proceedings, 8 C.F.R. 245.1(c)(8) (1997), is not ultra vires to statute).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460497cv0p.pdf
RELIEF - ADJUSTMENT OF STATUS - REMOVAL PROCEEDINGS - APPLICANT FOR ADJUSTMENT UNDER CHINESE STUDENT PROTECTION ACT CANNOT TRANSFER APPLICATION TO ALLOW ADJUSTMENT UNDER INA 245(i)
Matter of Wang, 23 I. & N. Dec. 924 (BIA May 25, 2006) (noncitizen whose adjustment application under the Chinese Student Protection Act was filed prior to the October 1, 1994 start of INA 245(i) application processing may not transfer the CSPA application into a INA 245(i) application). http://www.usdoj.gov/eoir/vll/intdec/vol23/3533.pdf
RELIEF - ADJUSTMENT OF STATUS - CHINESE STUDENT PROTECTION ACT - PERSON WHO ENTERED WITHOUT INSPECTION DISQUALIFIED FROM ADJUSTMENT UNDER CSPA
Matter of Wang, 23 I. & N. Dec. 924 (BIA May 25, 2006) (noncitizen who entered the United States without inspection is not eligible for adjustment of status under the Chinese Student Protection Act of 1992, Pub. L. No. 102-404, 106 Stat. 1969).
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - REGULATION PRECLUDING ADJUSTMENT FOR ARRIVING ALIENS HELD INVALID
Scheerer v. United States Atty Gen., 445 F.3d 1311 (11th Cir. Apr. 13, 2006) (8 C.F.R. 1245.1(c)(8), which prohibits petitioner from applying for change of status as an arriving alien in removal proceedings, is ultra vires to INA 245(a), and therefore invalid).
http://caselaw.lp.findlaw.com/data2/circs/11th/0416231p.pdf
ADJUSTMENT OF STATUS - VISA WAIVER PROGRAM
Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. Apr. 21, 2006) (Bar to review of denial of benefits for those who entered United States via Visa Waiver Program does not apply to noncitizen who has filed an adjustment of status application as an immediate relative).
http://caselaw.lp.findlaw.com/data2/circs/9th/0435797p.pdf
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - REGULATION PRECLUDING ADJUSTMENT FOR ARRIVING ALIENS IN REMOVAL PROCEEDINGS HELD INVALID
Momin v. Gonzales, 447 F.3d 447 (5th Cir. Apr. 25, 2005) (8 C.F.R. section 245.1(c)(8), which deems arriving aliens who are in removal proceedings ineligible to apply for adjustment of status to lawful permanent resident, is not ultra vires to INA 245).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560119cv0p.pdf