Mendez v. Mukasey, 547 F.3d 345 (2d Cir. Nov. 6, 2008) (Connecticut conviction of first degree larceny in the form of "defrauding a public community," in violation of Connecticut General Statutes 53a-122(a)(4) and 53a-119(6), is a crime involving moral turpitude for the purposes of INA 212(a)(2)(A)(i)(I), 8 U.S.C. 1182(a)(2)(A)(i)(I), " a conviction for defrauding a public community requires proof of an intent to wrongfully deprive another of property by making a knowingly false claim for benefits").

Latu v. Mukasey, 547 F.3d 1070 (9th Cir. Nov. 3, 2008) (Hawaii conviction for hit & run, in violation of Hawaii Revised Statute 291C-12.5, is not a crime of moral turpitude), following Cerezo v. Mukasey, 512 F.3d 1163 (9th Cir. 2008).

Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 9, 2008) (Texas conviction for indecency with a child, in violation of Texas Penal Code 21.11(a)(1) is a crime involving moral turpitude if the actor, in fact, knew or should have known that the victim was under 18 years old).



Note: this decision is horribly incorrect, changing 100 years of CMT law, and should be attacked. See http://www.bibdaily.com/pdfs/Silva%20Trevino%20Amicus%20Brief.pdf, for amici brief outlining many arguments against this terrible decision.

Abebe v. Mukasey, 548 F.3d 787 (9th Cir. Nov. 20, 2008) (en banc) (a waiver under former INA 212(c) waives only inadmissibility, not deportability), overruling Tapia-Acuna v. INS, 640 F.3d 223 (9th Cir. 1981) (INA 212(c) waives both inadmissibility and deportability).



Note: this is the only jurisdiction that holds that INA 212(c) does not apply to any ground of deportation. This should not prevent noncitizens in deportation proceedings from applying for INA 212(c) in conjunction with an application for adjustment of status.

Mendez v. Mukasey, 547 F.3d 345 (2d Cir. Nov. 6, 2008) ("We afford Chevron deference to the BIA's interpretation of the undefined statutory term "moral turpitude," but we owe no deference to the BIA's construction of state criminal statutes. Gill v. INS, 420 F.3d 82, 89 (2d Cir.2005). Accordingly, we review de novo the BIA's determination that a particular state crime falls within the definition of moral turpitude. Id.").

AILIF practice advisory on finality of removal decisions for judicial review purposes. http://www.ailf.org/lac/lac_pa_topics.shtml#section6.

United States v. Vidal, 504 F.3d 1072, 1087 (9th Cir. 2007) (en banc) ("In order to identify a conviction as the generic offense through the modified categorical approach, when the record of conviction comprises only the indictment and the judgment, the judgment must contain the critical phrase as charged in the Information." (internal quotation omitted)).

Northwest Immigrant Rights Project v. USCIS settlement announced:
"The application period will be open for one year for individuals who meet very specific criteria, including entering the United States on a nonimmigrant visa prior to January 1, 1982. The application period will commence on February 1, 2009 and end on January 31, 2010. Application instructions are contained in the settlement agreement."
http://www.uscis.gov/files/article/order_final_judgment_3nov08.pdf

Kabba v. Mukasey, 530 F.3d 1239 (10th Cir. Jul. 1, 2008) ("Common sense as well as the weight of authority requires that we determine whether the BIA applied the correct legal standard, not simply whether it stated the correct legal standard.").

"Arriving Aliens" and Adjustment of Status: What is the Impact of the Governments Interim Rule of May 12, 2006 (Updated November 5, 2008).
http://www.ailf.org/lac/pa/lac_pa_070416_biaarraliens.pdf