Injeti v. U.S. Citizenship and Immigration Services, 737 F.3d 311 (4th Cir. Dec. 11, 2013) (affirming district court denial of review of USCIS denial of naturalized U.S. citizenship, where noncitizen made misrepresentations on application for LPR status and submitted false evidence in another immigration proceeding).
Silva-Trevino v. Holder, 742 F.3d 197, 200 (5th Cir. Jan. 30, 2014) (immigration judge cannot consider extrinsic evidence to determine whether an alien was convicted of a crime involving moral turpitude: We have long held that, in making this determination, judges may consider only the inherent nature of the crime, as defined in the statute, or, in the case of divisible statutes, the alien's record of conviction. Amouzadeh v. Winfrey, 467 F.3d 451, 455 (5th Cir.2006) (internal quotation marks and citations omitted); U.S. ex rel. McKenzie v. Savoretti, 200 F.2d 546, 548 (1952).
Silva-Trevino v. Holder, 742 F.3d 197 (5th Cir. Jan. 30, 2014) (court of appeals need not defer to Silva-Trevino method of analysis, because Congress spoke clearly on this issue); reversing Matter of Silva-Trevino, 24 I. & N. Dec. 687 (BIA Nov. 7, 2008).
All circuits to consider the question have held that plain language of the statutory aggravated felony bar to the waiver in INA 212(h) applies only to individuals who entered the United States as lawful permanent residents (LPR), not to those who subsequently adjusted to LPR status. Papazoglou v. Holder, 725 F.3d 790 (7th Cir. 2013); Hanif v. Atty. General of the United States, 694 F.3d 479, 487 (3d Cir. 2012); Bracamontes v. Holder, 675 F.3d 380, 386"87 (4th Cir. 2012); Lanier v. U.S. Atty. Gen., 631 F.3d 1363, 1366"67 (11th Cir. 2011); Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir.
USCIS memo dated Jan. 24, 2013 instructs officers not to find a reason to believe that the applicant may be inadmissible under INA 212(a)(2)(A)(i) if the offense is not a CMT, or qualifies for the petty offense or for the youthful offender exception.
The ILRC has expanded and updated the free Relief Toolkit for Defenders. The purpose of the Toolkit is to help defenders quickly identify possible immigration applications or relief for which the client might be eligible. The toolkit is one of the Notes from the California Chart and Notes.
http://www.ilrc.org/files/documents/17._relief_toolkit_jan_2014_final_0.pdf
Thanks to Kathy Brady.
Penal Code 273.5(a) has been amended to expand the list of persons who qualify as victims of this offense. It now includes the offender's fianc or fiance, or someone with whom the offender has or previously had, an engagement or dating relationship, as defined in Penal Code 243(f)(10). In Morales-Garcia v. Holder, 567 F.3d 1058, 1-64-1065 (9th Cir.
Schaud v. Arizona. 501 U.S. 624, 632-33 (1991) (plurality opinion) (when a criminal statute provides alternative routes to a conviction, whether jurors must be unanimous with respect to a particular route depends on the answers to two questions: First, did the legislature intend to create different offenses or different means for violating a single offense?
Under Descamps and Moncrieffe, arguably no California conviction of burglary, in violation of Penal Code 459, is a crime of moral turpitude, because the specific intended offense is not an "element" of burglary but merely a "means" of committing the offense, since the jury need not agree unanimously as to which specific offense was intended at the time of the entry.
Matter of Kazemi, 19 I&N Dec. 49, 51 (BIA 1984) (We have long held that an application for admission to the United States is a continuing application and admissibility is determined on the basis of the law and the facts existing at the time the application is finally considered.) (emphasis added); Matter of Ching and Chen, 19 I&N Dec. 203 (BIA 1984); Matter of Alarcon, 20 I&N Dec. 557 (BIA 1992).