Kirong v. Mukasey, 529 F.3d 800 (8th Cir. Jun. 20, 2008) (noncitizen seeking to adjust status as a defense to removal must establish clearly and beyond doubt that he is not inadmissible to the United States).

Ali v. Mukasey, 529 F.3d 478 (2d Cir. Jun.18, 2008) (IJ's seeming bias against the petitioner and reliance on unfounded assumptions about homosexuals deprived the petitioner of his right to a fair hearing).

Ali v. Mukasey, 529 F.3d 478 (2d Cir. June 18, 2008) (counsels acknowledgement on the record that IJs decision was "final" signified that counsel had waived appeal to the BIA).

Gonzalez-Mesias v. Mukasey, 529 F.3d 62 (1st Cir. Jun.18, 2008) (212(c) relief unavailable to waive aggravated felony sexual abuse of a minor or crime of violence; court indicated that BIA would not follow Blake v. Carbone outside the second circuit), following Dalombo Fontes v. Gonzales, 483 F.3d 115 (1st Cir. 2007) ; Kim v. Gonzales, 468 F.3d 58 (1st Cir. 2006), disagreeing with Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007).

United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. Aug. 29, 2008) (immigration judge was not required to give advice of availability of pre-hearing voluntary departure, under pre-IIRAIRA law, because the relief would have been granted prior to the respondents appearance before the IJ).
Note: The court gave no opinion on the possible outcome of this issue had post-IIRAIRA rules applied, which allow the IJ to grant "pre-hearing" voluntary departure at the master calendar hearing. INA 240B(a)(1).

A new AILF Practice Advisory entitled "The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review" is now available. This practice advisory examines how DHS invokes the fugitive disentitlement doctrine to deny FOIA requests and how courts apply the doctrine to dismiss petitions for review. The advisory provides arguments to challenge the doctrine in both contexts. Access this resource on the AILF website at http://www.ailf.org/lac/pa/lac_pa_fugdis.pdf.

http://graphics8.nytimes.com/packages/pdf/nyregion/ICE_FOIA.pdf

Flores-Juarez v. Mukasey, 530 F.3d 1020 (9th Cir. Jun. 26, 2008) (the bar to non-LPR cancellation of removal for noncitizens who fall within certain criminal grounds of removal, under INA 240A(b)(C), applies regardless of the date of the conviction; the 10-year Good Moral Character requirement under INA 240A(b)(B) does not also impose a 10 year limit on the period in which the criminal convictions must have occurred).

Ochieng v. Mukasey, 520 F.3d 1110, 1114-15 (10th Cir. 2008) (the definition of "child abuse" under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), set forth in dictum in a precedent BIA decision, was entitled to deference because it was based on a permissible construction of the statute), applying Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984); accord Loeza-Dominguez v. Gonzales, 428 F.3d 1156 (8th Cir. 2005); but cf. Velasquez-Herrera v. Gonzales, 466 F.3d 781, 783 (9th Cir.

Xian Tuan Ye v. Dept of Homeland Sec., 446 F.3d 289, 296-97 (2d Cir. 2006) ("Ye challenges the IJs denial of CAT relief, having failed to do so before the BIA. While ordinarily, under 8 U.S.C. 1252(d)(1), an alien may not raise before this Court an issue or category of relief not raised before the BIA, see Gill v. INS, 420 F.3d 82, 86 (2d Cir. 2005); Foster v. INS, 376 F.3d 75, 78 (2d Cir. 2004), the BIA addressed Yes CAT claim despite this oversight. Accordingly, Yes failure to raise the CAT claim himself is excused, and we have jurisdiction to address it now. See Waldron v.