NATURE OF OFFENSE - CATEGORICAL ANALYSIS - COURT CANNOT GO OUTSIDE THE ELEMENTS OF THE OFFENSE OF CONVICTION
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (in evaluating the nature of the offense of conviction under the categorical analysis for removal purposes, the court cannot go outside the elements of the offense of conviction).
NATURE OF OFFENSE - MODIFIED CATEGORICAL ANALYSIS - COURT CANNOT GO OUTSIDE THE ELEMENTS OF THE OFFENSE OF CONVICTION
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (in evaluating the nature of the offense of conviction under the modified categorical analysis for removal purposes, the court cannot go outside the elements of the offense of conviction).
JUDICIAL REVIEW - DEFERENCE - NO CHEVRON DEFERENCE IS DUE TO ONE-JUDGE, NON-PRECEDENTIAL, UNPUBLISHED BIA ORDER
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court of appeals owes no Chevron deference to one-judge, non-precedential, unpublished BIA order), citing United States v. Mead Corp., 533 U.S. 218, 226-27 (2001).
JUDICIAL REVIEW - DEFERENCE - NO CHEVRON DEFERENCE IS DUE WHERE BIA DID NOT INTERPRET A STATUTE BUT MERELY PROVIDED A "GUIDE" TO LATER INTERPRETATION
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court of appeals owes no Chevron deference to BIA decision where it did not interpret a statute, but merely provided a "guide" to later interpretation).
JUDICIAL REVIEW - DEFERENCE - NO CHEVRON DEFERENCE IS DUE WHERE STATUTE IS CLEAR
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court need not defer to BIA, under Chevron, where statute is clear: "When Congress has spoken directly to the issue, as it has here, our inquiry is over and Chevron deference does not apply.").
CITIZENSHIP - DERIVATIVE CITIZENSHIP - MINOR MUST BE LPR
Matter of Nwozuzu, 24 I. & N. Dec. 609 (BIA 2008) (to obtain derivative citizenship under former INA 321(a) (1994), person must have acquired LPR status while he or she was under 18 years old).
ADMISSION - REFUGEES CONSIDERED LPRS AS OF DATE OF ADMISSION
Refugees are considered LPRs retroactively as of the date of admission. 8 C.F.R. 209.1(e).
ANALYSIS - DIVISIBLE STATUTE - CONJUNCTIVE CHARGE
United States v. Snellenberger, 548 F.3d 699 (9th Cir. Oct. 28, 2008) (per curiam) (en banc) (finding, in dictum, that a plea of no-contest to a charge phrased in the conjunctive (using "and") established conviction of all the conjunctive elements).
RELIEF - ADJUSTMENT OF STATUS - 245(i) DEADLINE NOT SUBJECT TO EQUITABLE TOLLING ON ACCOUNT OF INEFFECTIVE ASSISTANCE OF COUNSEL
Balam-Chuc v. Mukasey, 547 F.3d 1044. (9th Cir. Oct. 24, 2008) (April 30, 2001 filing deadline for adjustment of status under INA 245(i), which allows qualifying relatives of LPRs to apply more quickly for immigrant visas, is a statute of repose and thus not subject to equitable tolling for a claim of ineffective assistance of counsel).
JUDICIAL REVIEW - PETITION FOR REVIEW - DUE PROCESS - INEFFECTIVE COUNSEL DOES NOT VIOLATE DUE PROCESS UNLESS IT RENDERS THE REMOVAL HEARING ITSELF FUNDAMENTALLY UNFAIR
Balam-Chuc v. Mukasey, 547 F.3d 1044 (9th Cir. Oct. 24, 2008) (counsels ineffective assistance in preparing and filing visa petition was not a violation of due process where petitioner could not show a deficiency relating to fundamental fairness of removal hearing itself).