Miresles-Zuniga v. Holder, 743 F.3d 110 (5th Cir. Feb. 14, 2014) (stop time rules requirement that offense must be referred to in INA 212(a)(2), does not mean that the stop-time rule is met only if a comparable ground of deportation is triggered; respondent was barred from cancellation of removal where conviction was a CMT, triggering inadmissibility, and a domestic violence offense triggering deportability, even though the offense did not trigger deportability as a CMT).

Sarmientos v. Holder, 742 F.3d 624 (5th Cir. Feb. 12, 2014) (We may not affirm the BIA's decision except on the basis of the reasons it provided.); quoting Rodriguez"Barajas v. Holder, 624 F.3d 678, 679 (5th Cir. 2010).

Siwe v. Holder, 742 F.3d 603 (5th Cir. Feb. 6, 2014) (an alien whose asylum has been terminated is not prohibited from applying for adjustment of status).

Tadevosyan v. Holder, 743 F.3d 1250 (9th Cir. Feb. 26, 2014) (BIA abused its discretion by according controlling weight to fact of DHS opposition to motion to reopen, without analyzing whether DHS was correct).

Tadevosyan v. Holder, 743 F.3d 1250 (9th Cir. Feb. 26, 2014) (granting petition for review because BIA failed to provide any reasoned explanation for its decision).

Summary

In Ceron v. Holder, the BIA found petitioner deportable, holding his conviction for assault with a deadly weapon, in violation of California Penal Code 245(a)(1), is a removable offense under 8 U.S.C. 1227(a)(2)(A)(i) because it is (I) a crime involving moral turpitude (II) for which a sentence of one year or longer may be imposed. The Ninth Circuit, however, granted the petition for review, and remanded to the BIA to determine in the first instance whether California Penal Code section 245(a)(1) categorically constitutes a crime involving moral turpitude. Ceron v.

The Florence project, which helps immigrants in ICE detention facilities in Florence AZ, has updated their guides to help immigrants navigate the detention facilities and address many issues. Download them for free from http://www.firrp.org/resources/prose/. Thanks to the Florence Project.

NIP-NLG and Immigrant Defense Project have written an advisory on Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014). http://nipnlg.org/publications.htm

Castillo v. Holder, 729 F.3d 296 (3d Cir. 2013) (New Jersey disorderly persons offense is not a conviction, as defined for immigration purposes in INA 101(a)(48), 8 U.S.C. 1101(a)(48); Matter of Eslamizar, 23 I. & N. Dec. 684 (BIA 2004), requires that a disposition must be considered an adjudication of guilt in a genuine criminal proceeding under the law of the convicting jurisdiction; under New Jersey law, a disorderly persons offense is not a crime).

Penal Code 186.22(d), committing a felony or misdemeanor for the benefit of a criminal street gang, is not a crime of moral turpitude. The minimum conduct sufficient to commit this offense would be committing a crime, the least serious of which would be vandalism, in violation of Penal Code 594, in association with members of a criminal street gang with knowledge that its members engage in criminal conduct. Vandalism, aka malicious mischief, however, is not a crime of moral turpitude. Rodriguez-Herrera v. INS, 52 F.3d 238 (9th Cir. 1995).