Matter of Chairez, 26 I&N Dec. 478 (BIA 2015) (Chairez II) (Chairez Is interpretation of the divisibility standard used in the modified categorical analysis " adopting the Supreme Courts view in Descamps v. United States, 133 S. Ct. 2276 (2013), will only apply in circuits that have not explained how they understand divisibility after Descamps was decided; therefore, the test for when a statute is divisible will have to be litigated on a circuit-by-circuit basis); clarifying Matter of Chairez, 26 I&N Dec.

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (BIA abused discretion in denying motion to continue by failing to consider factors articulated in Matter of Hashmi: neither the IJ nor the BIA assessed whether Flores's wife's I"130 Petition was prima facie approvable, but instead considered the petition had actually been approved); citing Matter of Hashmi, 24 I. & N. Dec.

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (noncitizen convicted of aggravated felony not barred from 212(h) relief, since he had not previously been admitted at a lawful permanent resident), following Matter of Michel, 21 I. & N. Dec. 1101, 1104 (BIA 1998) (Section 212(h) of the Act, while specifically precluding waiver eligibility for a lawful permanent resident who has been convicted of an aggravated felony, imposes no such restriction on one who has not been admitted previously as a lawful permanent resident.).

Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (rejecting government argument that the agency is not bound to follow Descamps on the basis that the case arose in the sentencing context; the BIA is bound to apply divisibility consistently with the individual circuits' interpretation of divisibility under Descamps.); following In re Chairez"Castrejon, 26 I. & N. Dec. 349, 354 (BIA 2014); accord, Kaufmann v. Holder, 759 F.3d 6, 8"9 (1st Cir.2014); Aguilar"Turcios v. Holder, 740 F.3d 1294, 1301"02 (9th Cir.2014); Donawa v. U.S. Attorney Gen., 735 F.3d 1275, 1280 n.

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov.

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (an alien's description of his crimes is not an acceptable source of evidence under the modified categorical approach.); see Sandoval"Lua v. Gonzales, 499 F.3d 1121, 1129 n. 7 (9th Cir. 2007) ([U]nder the modified categorical approach we may not consider ... testimony about the alien's criminal conduct.), abrogated on other grounds by Young v. Holder, 697 F.3d 976, 979 (9th Cir.2012) (en banc).

Cervantes v. Holder, ___ F.3d ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (the petty offense exception to inadmissibility, under INA 212(a)(2)(A)(ii), 8 U.S.C. 1182(a)(2)(A)(ii), based on a crime of moral turpitude, is mandatory and does not have any discretionary component); accord, Matter of Salvail, 17 I. & N. Dec. 19, 21 (BIA 1979) (explaining that the relief afforded by the petty offense exception is mandatory).

Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc) (review is generally limited to the information in the administrative record: court is statutorily prevented from taking judicial notice of the Country Report that petitioner did not submit to the BIA).

The court stated: We may review out-of-record evidence only where (1) the Board considers the evidence; or (2) the Board abuses its discretion by failing to consider such evidence upon the motion of an applicant. Id. at 964; see also Altawil v. INS, 179 F.3d 791, 792 (9th Cir.

Lising v. INS, 124 F.3d 996, 998-99 (9th Cir. 1997) (court is not precluded from taking judicial notice of an agencys own records; affirming taking judicial notice of application for naturalization); Gafoor v. INS, 231 F.3d 645, 655-57 (9th Cir. 2000) (court may take judicial notice of dramatic foreign developments that occur after the BIAs determination: taking judicial notice of Fijian coup which occurred after the BIAs decision), superseded by statute on other grounds as stated by Parussimova v. Mukasey, 555 F.3d 734 (9th Cir. 2009); Singh v. Ashcroft, 393 F.3d 903, 905-07 (9th Cir.

United States v. Raya-Vaca, ___ F.3d ___, 2014 WL 5802287 (9th Cir. Nov. 10, 2014) (expedited administrative removal order under INA 235 violated due process where immigration officer failed to comply with 8 C.F.R. 235.3(b)(2)(i), and no prejudice need be shown).