AILF Practice Advisory sets out arguments to challenge Matter of Acosta Hidalgo, a recent BIA decision holding that IJs and the BIA lack jurisdiction to determine prima facie eligibility for naturalization in order to terminate removal proceedings.
http://www.ailf.org/lac/pa/Acosta_Hidalgo_lac_pa_031808.pdf

Yusupov v. Attorney General, 518 F.3d 185 (3rd Cir. Mar 14, 2008, as amended Mar 27, 2008) (interpreting national security exception to withholding of removal claims, prohibiting withholding of removal if "there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States," under INA 241(b)(3)(B)(iii)).

Ni v. BIA, 520 F.3d 125 (2d Cir. Mar. 14, 2008) (petition for review granted where BIA failed to support its decision with a rational explanation).

    Realistic Probability of Prosecution. Traditionally, if consultation of the record of conviction did not establish that the defendant was convicted of a charge that invariably involved moral turpitude, the conviction would be presumed not to involve moral turpitude where the government bore the burden of proof.

James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) (remanding to the BIA to decide whether New York misdemeanor conviction of endangering the welfare of a child, in violation of Penal Law 260.10 ["knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health"], is a divisible statute).

James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) (remanding to the BIA to decide whether New York misdemeanor conviction of endangering the welfare of a child, in violation of Penal Law 260.10 ["knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health"], is a divisible statute).

"Step-by-step information about what communities and families can do when a loved one is detained, especially within the first 24 hours. Also included is how you can protect yourself from future raids, facts about the ICE detention and deportation system as well as flyers and other resources." Detention Watch Network and the National Immigration Project of the National Lawyers Guild. Jan. 2008. http://www.nationalimmigrationproject.org/commresourcekit.html

Momeni v. Chertoff, 521 F.3d 1094 (9th Cir. Mar. 31, 2008) (persons who entered the United States under the Visa Waiver Program, who marry and apply for Adjustment of Status after their 90 days have elapsed, cannot obtain removal proceedings before being removed, and are ineligible to adjust status), distinguishing Freeman v. Gonzales, 1444 F.3d 1031 (9th Cir. 2006).

Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. Mar. 25, 2008) (fraudulent entry into United States bars adjustment of status under 8 U.S.C. 1255(a)). See American Immigration Law Foundation, Practice Advisory, Orozco v. Mukasey: Current Status of the Case and Preliminary Strategies (May 19, 2008). http://www.ailf.org/lac/lac_pa_topics.shtml.

James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) ("Finally, in the sentencing context, which has long informed our jurisprudence regarding aggravated felony findings under the INA, we recently remanded a case because it was unclear to what extent the District Court based its sentencing enhancement (for a "pattern of activity involving the sexual abuse or exploitation of a minor") on unsubstantiated charged conduct.")