NATURE OF OFFENSE - STATE LABEL IRRELEVANT
United States v. Chavarria-Brito, 526 F.3d 1184 (8th Cir. May 29, 2008) ("The mere fact that a state labels a crime as forgery does not control whether his crime is actually related to forgery [under federal law]."), citing Taylor v. United States, 495 U.S. 575, 590-591, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990).
RELIEF - SUSPENSION OF DEPORTATION - CONTINUOUS PRESENCE REQUIREMENT - STOP-TIME RULE - RETROACTIVE APPLICATION DID NOT VIOLATE DUE PROCESS
Arca-Pineda v. Att'y Gen., 527 F.3d 101 (3d Cir. May 28, 2008) (retroactive application of the stop-time rule did not violate due process).
RELIEF - CONTINUOUS PRESENCE REQUIREMENT - STOP-TIME RULE - EQUITABLE ESTOPPEL CLAIM REJECTED
Arca-Pineda v. Att'y Gen., 527 F.3d 101 (3d Cir. May 28, 2008) (respondent cannot re-start clock by failing to appear for removal proceeding and then waiting an additional 10 years).
CONVICTION - RECORD OF CONVICTION - NEW YORK CERTIFICATE OF DISPOSITION
United States v. Bonilla, 524 F.3d 647 (5th Cir. Apr.
GOOD MORAL CHARACTER - FAMILY UNITY WAIVER
Sanchez v. Mukasey, 521 F.3d 1106 (9th Cir. Apr. 2, 2008) (non-LPR cancellation of removal application not barred as lacking good moral character where applicants smuggling activity qualifies under the family unity waiver under INA 212(d)(11)), following Moran v. Ashcroft, 395 F.3d 1089 (9th Cir. 2005).
NON-LPR CANCELLATION OF REMOVAL - CONTINUOUS PRESENCE
Gutierrez v. Mukasey, 521 F.3d 1114 (9th Cir. Apr. 2, 2008) (leaving the United States under voluntary departure broke continuous residence for purposes of non-LPR cancellation of removal).
RELIEF - WAIVERS - 212(H) WAIVER - AGGRAVATED FELONY BAR
Martinez v. Mukasey, 519 F.3d 532, 537 (5th Cir. Mar 11, 2008) (bar to 212(h) waiver for LPRs with aggravated felony convictions only applies to noncitizens who obtained LPR status upon admission to the United States; the bar does not apply to LPRs who adjusted to LPR status without leaving the United States; the court found the language of INA 212(h) was unambiguous in this regard, and so did not give Chevron deference to the BIA). This decision overrules Matter of Rosas-Ramirez, 22 I. & N. Dec.
AGGRAVATED FELONY - ATTEMPT - ARIZONA ATTEMPT IS BROADER THAN AGGRAVATED FELONY ATTEMPT
Rebilas v. Keisler, 506 F.3d 1161, 1164 (9th Cir. Nov. 2, 2007) (Arizona conviction of attempted public sexual indecency to a minor, in violation of ARS 13-1001 and 13-1403(B), forbids conduct that falls outside the federal definition of attempted sexual abuse of a minor under INA 101(a)(43)(A), (U), 8 U.S.C. 1101(a)(43)(A) and (U): "Arizona's definition of attempt under ARS 13-1001 is broader than the federal definition of attempt. While the federal definition of attempt requires the defendant to commit an overt act constituting a substantial step towards the crime, United States v.
CATEGORICAL ANALYSIS - MINIMUM CONDUCT - ORDINARY CASE - PUBLISHED STATE DECISIONS CRIMINALIZING CONDUCT THAT FALLS WITHIN STATUTE OF CONVICTION BUT OUTSIDE GROUND OF REMOVAL
Rebilas v. Keisler, 506 F.3d 1161, ___1163 (9th Cir. Nov. 2, 2007) ("Under the Taylor categorical approach, this court must look to "the ordinary case" that is prosecuted by the state, not some extreme hypothetical. James v. United States, --- U.S. ----, 127 S.Ct. 1586, 1597, 167 L.Ed.2d 532 (2007). Here, there was no evidence submitted, nor cases cited, about what types of conduct are ordinarily prosecuted under ARS 13-1403(B). See Gonzales v. Duenas-Alvarez, --- U.S. ----, 127 S.Ct.
AGGRAVATED FELONY - ATTEMPT - CALIFORNIA ATTEMPT IS ARGUABLY BROADER THAN FEDERAL AGGRAVATED FELONY ATTEMPT
Rebilas v. Keisler, 506 F.3d 1161, 1164 (9th Cir. Nov. 2, 2007) (California conviction of attempt to commit an offense "is broader than the federal definition of attempt. While the federal definition of attempt requires the defendant to commit an overt act constituting a substantial step towards the crime, United States v. Morales-Perez, 467 F.3d 1219, 1222 (9th Cir.