Book updates to AF (Aggravated Felonies)

DIVISIBLE STATUTE ANALYSIS - SURPLUSAGE

United States v. Reina-Rodriguez, ___ F.3d ___ (9th Cir. Nov. 15, 2006) (reviewing court is bound to interpret a judicial decision so as to avoid holding some of its language to be surplusage: "To hold otherwise would render Taylor's 'remaining in' language surplusage. Courts avoid '[i]nterpretive constructions which render some words surplusage.' In re Eastport Associates, 935 F.2d 1071, 1080 (9th Cir.1991) (quoting California Mfrs. Ass'n v. Public Utils. Comm'n, 24 Cal.3d 836, 157 Cal.Rptr.

jurisdiction: 
Ninth Circuit

RELIEF - VOLUNTARY DEPARTURE

Matter of Diaz-Ruacho, 24 I. & N. Dec. 47 (BIA 2006) (noncitizen granted voluntary departure, who subsequently fails to leave and fails to post the voluntary departure bond required by INA 240B(b)(3), 8 U.S.C. 1229c(b)(3), is not subject to penalties for failure to depart within the time period specified for voluntary departure, since "posting of a voluntary departure bond is a condition precedent to permission to depart voluntarily. . .").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3546.pdf

jurisdiction: 
BIA

AGGRAVATED FELONY - THEFT OFFENSE - THEFT BY CONTROL

Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona misdemeanor conviction of "theft by control of property with a value of $250 or more," in violation of A.R.S. 1301802(A)(1), (C) [knowingly, and without lawful authority, controlling the property of another with intent to deprive the owner of it], with sentence of twelve months, constituted an aggravated felony theft offense for removal purposes), following Huerta-Guevara v. Ashcroft, 321 F.3d 883, 886-887 (9th Cir. 2003); United States v. Corona-Sanchez, 291 F.3d 1201, 1204-1205 (9th Cir.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION REQUIREMENT

Dar-Salameh v. Gonzalez, 468 F.3d 47 (1st Cir. Nov. 15, 2006) (denying petition for review of a final order of removal where petitioner failed to exhaust administrative remedies by raising issues before the IJ and BIA).
http://laws.lp.findlaw.com/1st/052886.html

jurisdiction: 
First Circuit

RELIEF - 212(c) - MATTER OF BLAKE REASONING ACCEPTED IN FIRST CIRCUIT

Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (noncitizen deportable as aggravated felony cannot waive aggravated felony by application for relief under INA 212(c) because there is no aggravated felony or crime of violence ground of exclusion, even assuming the aggravated felony was also a CMT), following In re Brieva-Perez, 23 I. & N. Dec. 766, 772-73 (BIA 2005), and Komarenko v. INS, 35 F.3d 432, 435 (9th Cir.1994).

jurisdiction: 
First Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION REQUIREMENT

Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (time limit for appealing issues decided by the BIA to federal circuit court is jurisdictional, and therefore cannot be raise upon appeal on collateral issue), following Ven v. Ashcroft, 386 F.3d 357, 359 (1st Cir.2004).

jurisdiction: 
First Circuit

CITIZENSHIP - DERIVATIVE CITIZENSHIP

Jahed v. Acri, 468 F.3d 230 (4th Cir. Nov. 13, 2006) (affirming removal order against claim of derivative citizenship after parents' divorce and father's naturalization, for failure to demonstrate that parents were legally separated for purposes of U.S. immigration law).
http://caselaw.lp.findlaw.com/data2/circs/4th/056489p.pdf

jurisdiction: 
Fourth Circuit

JUDICIAL REVIEW - HABEAS CORPUS - REAL ID ACT DID NOT VIOLATE SUSPENSION CLAUSE

Mohamed v. Gonzales, 470 F.3d 771 (8th Cir. Nov. 27, 2006) (REAL ID Act did not violate Suspension Clause).

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW - DUE PROCESS - PROCEDURAL DUE PROCESS NOT VIOLATED BY GOVERNMENT DELAYS IN PROCESSING APPLICATIONS - NO ESTOPPEL FROM REMOVAL

Mudric v. Attorney General, 469 F.3d 94 (3d Cir. Nov. 24, 2006) (procedural due process not violated by government delays in processing applications - no estoppel from removal).

jurisdiction: 
Third Circuit

CITIZENSHIP - NATURALIZATION - DENATURALIZATION

United States v. Firishchak, 468 F.3d 1015 (7th Cir. Nov. 20, 2006) (affirming district court denaturalization order based on service in the Ukrainian Auxiliary Police (UAP) during World War II and failure to disclose it in 1949 visa application, and rejecting claims that documents evidencing UAP service were inadmissible; it was an abuse of discretion to permit certain expert testimony on a subject that was not disclosed in a pre-trial expert report; he should have been granted a continuance; the evidence against him was insufficient; and he was denied a fair trial).

jurisdiction: 
Seventh Circuit

Archives

Sep 2010

Categories

Tags