Book updates to AF (Aggravated Felonies)

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

GOOD MORAL CHARACTER - FALSE TESTIMONY - MATERIALITY REQUIREMENT

Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("Gonzalez's misrepresentation [putting attorney's address in a different state as his own on an immigration application] is immaterial because his address had no bearing on his receipt of immigration benefits.").

jurisdiction: 
Fifth Circuit

GOOD MORAL CHARACTER - FALSE TESTIMONY - SUBJECTIVE INTENT TO OBTAIN BENEFITS

Gonzalez-Maldonado v. Gonzales, 487 F.3d 975 (5th Cir. May 25, 2007) ("A person does not have good moral character if he "has given false testimony for the purpose of obtaining any benefits under this chapter." 8 U.S.C. 1101(f)(6). "[T]estimony is limited to oral statements made under oath . . . [and] with the subjective intent of obtaining immigration benefits." Kungys v. United
States, 485 U.S. 759, 780, 108 S. Ct. 1537, 1551 (1988); see also
Beltran-Resendez v. INS, 207 F.3d 284, 287 (5th Cir.

jurisdiction: 
Fifth 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

United States v. Sandoval-Sandoval, 487 F.3d 1278 (9th Cir. May 23, 2007) (per curiam) (district court at sentencing properly relied on California abstract of judgment, for purpose of imposing a 16-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(A) in reliance on a factual finding that Defendant had been convicted earlier of "a drug trafficking offense for which the sentence imposed exceeded 13 months," since the document unequivocally contained the information needed), distinguishing United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir.

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION - ABSTRACT OF JUDGMENT - DISTRICT COURT PROPERLY RELIED ON CALIFORNIA ABSTRACT OF JUDGMENT IN DETERMINING SENTENCE IMPOSED SINCE DOCUMENT UNEQUVOCALLY CONTAINED THE NECESSARY INFORMATION

United States v. Sandoval-Sandoval, 487 F.3d 1278 (9th Cir. May 23, 2007) (per curiam) (district court at sentencing properly relied on California abstract of judgment, for purpose of imposing a 16-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(A) in reliance on a factual finding that Defendant had been convicted earlier of "a drug trafficking offense for which the sentence imposed exceeded 13 months," since the document unequivocally contained the information needed), distinguishing United States v. Navidad-Marcos, 367 F.3d 903 (9th Cir.

jurisdiction: 
Ninth Circuit

RELIEF - 212(C) RELIEF - FIVE-YEAR BAR - PRESENTENCE CUSTODY CREDITED AGAINST PRISON SENTENCE COUNTS TOWARD ACTUAL TIME SERVED FOR PURPOSES OF FIVE-YEAR BAR

Matter of Valdovinos, 18 I. & N. Dec. 343, 344 (1982) (pre-trial or pre-sentencing detention that was credited toward custodial sentence counted as actual "time served," for purposes of the five-year actual time served bar to INA 212(c) relief); see Saravia-Paguada v. Gonzales, 488 F.3d 1122, ___ n. 2, (9th Cir. May 21, 2007).

jurisdiction: 
BIA

RELIEF - 212(C) RELIEF - FIVE-YEAR BAR - IMPRISONMENT SERVED AS A RESULT OF A RECIDIVIST SENTENCE ENHANCEMENT COUNTS TOWARD ACTUAL TIME SERVED FOR PURPOSES OF FIVE-YEAR BAR

Saravia-Paguada v. Gonzales, 488 F.3d 1122 (9th Cir. May 21, 2007) (rejecting claim under United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002), and Rusz v. Ashcroft, 376 F.3d 1182 (9th Cir. 2004), that the IJ erroneously included time served pursuant to the three-year sentence enhancement under California Health and Safety Code 11370.2, when concluding that Petitioner had served more than five years for his aggravated felony convictions).

jurisdiction: 
Ninth Circuit

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