United States v. Youssef, 547 F.3d 1090 (9th Cir. Nov. 5, 2008) (federal conviction for violation of 18 U.S.C. 1015(a), making a false statement in an immigration document, does not require the false statement to be material; even though prior conviction qualified for the petty offense exception to inadmissibility, and was therefore immaterial to admission, the noncitizen was required to disclose the fact of conviction).

Kalilu v. Mukasey, 548 F.3d 1215 (9th Cir. Nov. 20, 2008) (remanding case to allow IJ/BIA to consider application of new standards for determining whether an asylum application was frivolous).

Counsel trying to obtain a new immigrant visa petition, after a noncitizen has suffered deportation, may file an application for a waiver under INA 212 at the USCIS office with jurisdiction over the place of removal, rather than at the consulate. Local offices sometimes take up to several years to adjudicate the waivers. This strategy can be used where a noncitizen has been removed on aggravated felony grounds, but whose convictions do not trigger inadmissibility.

Orozco v. Mukasey, 521 F. 3d 1068 (9h Cir. 2008) (fraudulent entry into United States bars adjustment of status under 8 U.S.C. 1255(a)), has been vacated. Prior BIA decision, Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), is once again binding BIA precedent in the Ninth Circuit.

Ribas v. Mukasey, 545 F.3d 922 (10th Cir. Nov. 4, 2008) (written warning on asylum application form was sufficient notice that filing frivolous asylum claim could result in lifetime bar from relief).

Hernandez-Carrera v. Carlson, 547 F.3d 1237 (10th Cir. Nov. 12, 2008) ("This case requires us to determine whether an agency interpretation ordinarily owed deference under the framework established in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is foreclosed by a prior Supreme Court construction of the statute applying the canon of constitutional avoidance. We conclude that under the principles outlined in National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S.

Flores-Torres v. Mukasey, 548 F.3d 708 (9th Cir. Nov. 10, 2008) (INA 1252 does not preclude a district court from considering habeas petition claiming immigration detention is improper because petitioner is a United States citizen).

Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (Congress' statutory designation of certain aggravated felonies as per se "particularly serious" crimes did not preclude the Attorney General from deciding, on a case-by-case basis, that any other crime was also "particularly serious" so as to render noncitizen ineligible for withholding of removal).



NOTE: Judge Berzon wrote a lengthy and well-reasoned dissent, in which she reasons:

Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (court of appeal lacked jurisdiction to review BIA determination whether particular offense constituted "particularly serious crime"), following Matsuk v. INS, 247 F.3d 999, 1002 (9th Cir. 2001) (particularly serious crime determination by BIA is discretionary, with no governing statutory standards, and so unreviewable by court of appeals); Ali v. Achim, 468 F.3d 462, 468 (7th Cir. 2006), cert. granted, ___ U.S. ___, 128 S.Ct. 29, 168 L.Ed.2d 806, cert. dismissed, ___ U.S. ___, 128 S.Ct. 828, 169 L.Ed.2d 624 (2007) (same); Tunis v.

Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008) (district court lacked jurisdiction to review the propriety of pending removal proceedings; pendency proceedings precluded plaintiff from stating a present claim for naturalization).