Tiscareno-Garcia v. Holder, __ F.3d __ (4th Cir. Mar. 6, 2015) (noncitizen barred from showing good moral character for purposes of cancellation of removal application since noncitizen served 181 days in jail for illegal re-entry).
Gaona-Romero v. Gonzales, 497 F.3d 694, 649 (5th Cir. 2007) (after Disipio was decided, "[t]he government undertook a policy review to determine how removal cases arising in the Fifth Circuit that involve vacated convictions should be treated. The government concluded that it would not seek that removal decisions be upheld pursuant to Renteria, but rather would request remand to the BIA so that the government could take action in accord with Pickering."); citing Discipio v. Ashcroft, 417 F.3d 448 (5th Cir.
Rodriguez-Avalos v. Holder, __ F.3d __ (5th Cir. Mar. 4, 2015) (noncitizen cannot show 10 years good moral character prior to final administrative decision in non-LPR cancellation of removal application where noncitizen served 180 days or more in jail during such period).
Montanez-Gonzales v. Holder, __ F.3d __ (6th Cir. Mar. 12, 2015) (rejecting constitutional challenges to Immigration Judges standards in determining exceptional and extremely unusual hardship for non-LPR cancellation of removal).
Fayzullina v. Holder, __ F.3d __ (6th Cir. Jan 6, 2015) (federal conviction for violation of 18 U.S.C. 1001(a)(3), willful false statement, for false statements related to marriage fraud, is categorically a crime of moral turpitude).
Mena-Flores v. Holder, ___ F.3d ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (the reviewing court evaluates immigration agency credibility determinations under the abuse of discretion standard); citing Elzour v. Ashcroft, 378 F.3d 1143, 1150 n. 9 (10th Cir. 2004); see United States v. Aguayo"Delgado, 220 F.3d 926, 934"35 (8th Cir. 2000) (holding that the evidence was sufficient to convict beyond a reasonable doubt when the evidence consisted mainly of testimony by other participants in drug transactions, even though there were questions about the reliability and consistency of the accounts).
Mena-Flores v. Holder, ___ F.3d ___, ___, 2015 WL 294629 (10th Cir. Jan. 23, 2015) (The agency abused its discretion if it failed to give a rational explanation, inexplicably deviated from past policies, failed to supply any reasoning, or rested on summary or conclusory statements. Infanzon v. Ashcroft, 386 F.3d 1359, 1362 (10th Cir.2004).).
Husic v. Holder, ___ F.3d ___, 2015 WL 106359 (2d Cir. Jan. 8, 2015) (the aggravated felony bar to eligibility for a waiver of inadmissibility under INA 212(h), applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States); but see Matter of Koljenovic, 25 I&N Dec. 219 (2010).
Note: With this decision, the Second Circuit joins the seven other Courts of Appeal"an overwhelming majority"to have rejected Matter of Koljenovic. To date, the Eighth Circuit stands alone in upholding the BIAs decision.
Matter of Hernandez, 26 I. & N. Dec. 464 (BIA 2015) (Texas conviction of "deadly conduct" in violation of Texas Penal Code 22.05(a), which punishes a person who "recklessly engages in conduct that places another in imminent danger of serious bodily injury," is categorically a crime involving moral turpitude), relying upon Matter of Leal, 26 I&N Dec. 20 (BIA 2012), affd, 771 F.3d 1140 (9th Cir. 2014).
Prasad v. Holder, __ F.3d __ (4th Cir. Jan. 12, 2015) (April 30, 2001 deadline for submitting visa petition under INA 245(i), is not subject to equitable tolling).