Medina-Lara v. Holder, 771 F.3d 1106, 1113 (9th Cir. Oct. 10, 2014) (When a court using the modified categorical approach to determine whether an underlying conviction is a predicate offense relies solely on the link between the charging papers and the abstract of judgment, that link must be clear and convincing.

Agragon-Salazar v. Holder, __ F.3d __ (9th Cir. Oct. 2, 2014) (seven year good moral character period ends on the date of filing the application; false statement made after date of filing NACARA application does not bar good moral character).

NOTE: This decision also discusses the issue of which, of two, submitted applications should be considered for determining the date of filing for GMC purposes.

Gary Mead ICE Memorandum on strategic use of expedited removal.
http://www.dhs.gov/news/2011/05/24/statement-gary-mead-executive-associa...

Castaneda v. Souza, ___ F.3d ___, ___, 2014 WL 4976140 (1st Cir. Oct. 30, 2014) (Avoidance of constitutional doubt is a cardinal principle of statutory interpretation. Zadvydas, 533U.S. at 689 (quoting Crowell v. Benson, 285 U.S. 22, 62, (1932) (internal quotation marks omitted)). As the Supreme Court has explained countless times, when an Act of Congress raises a serious doubt as to its constitutionality, this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided. Id. (quoting Crowell, 285U.S.

Castaneda v. Souza, ___ F.3d ___, ___, 2014 WL 4976140 (1st Cir. Oct. 30, 2014) (Since Justice Kennedys vote was necessary to the majority, his limiting rationale is binding on us.4 fn4 See Bruno & Stillman, Inc. v. Globe Newspaper Co., 633 F.2d 583, 594-95 (1st Cir. 1980) (construing the Supreme Courts 5-4 decision in Branzburg v. Hayes, 408 U.S. 665 (1972), to be limited by the concurring opinion of Justice Powell); accord, e.g., United States v. Smith, 135 F.3d 963, 968-69 (5th Cir. 1998); see also United States v. District of Columbia, 654 F.2d 802, 806-07 (D.C. Cir.

Masih v. Aviles, __ F.Supp.2d ___ (S.D.N.Y. May 20, 2014) (noncitizen held not subject to INA 236(c), because noncitizen had never been released from criminal custody in relation to a removable offense; mandatory detention is not triggered upon release from pre-trial custody, and termination of probation also does not constitute release from criminal custody for mandatory detention purposes).

Rendon v. Holder, ___ F.3d ___, ___, 2014 WL 4115930 (9th Cir. Aug.

United States v. Cisneros, ___ F.3d ___ 2014 WL 4067214 (9th Cir. Aug. 19, 2014) (Oregon conviction for fleeing or attempting to elude police officers under ORS 811.540(1), is divisible for purposes of the ACCA, since the offense is a misdemeanor if the defendant fled on foot, but a felony if he fled by car).

Nguyen v. Holder, ___ F.3d ___, ___ n.4, 2014 WL 3953758 (9th Cir. Aug. 14, 2014) (whether federal conviction of misuse of a passport without intent to facilitate an act of international terrorism, under 18 U.S.C. 1544, 2331, categorically constitutes a crime of moral turpitude, is an open question).

The Immigrant Defense Projects and NIP-NLGs latest advisory is on Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014), in which the Board applied Moncrieffe and Descamps and withdrew from Matter of Lanferman. The advisory describes the holding of the case and its impact on the (1) minimum conduct test; (2) divisibility; (3) realistic probability standard; and (4) relief eligibility burden of proof. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm