Matter of Calderon-Hernandez, 25 I&N Dec. 885 (BIA 2012) (applicant for cancellation of removal seeking to establish exceptional and extremely unusual hardship to his or her child is not required to provide an affidavit and other documentary evidence regarding the childs care and support upon the aliens removal if the child will remain in the United States with another parent, even if the other parent is in this country unlawfully); clarifying Matter of Ige, 20 I&N Dec. 880 (BIA 1994).

Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012) (in removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under INA 212(h), 8 U.S.C. 1182(h) (2006), only if the conviction occurred after the alien was admitted to the United States as a lawful permanent resident following inspection at a port of entry); following in their jurisdictions only Bracamontes v. Holder, Nos. 10-2033, 10-2280, 2012 WL 1037479 (4th Cir.Mar. 29, 2012); Martinez v.

Matter of ASJ, 25 I&N Dec. 893 (BIA 2012) (an Immigration Judge lacks jurisdiction to review the termination of an aliens asylum status by the Department of Homeland Security pursuant to 8 C.F.R. 208.24(a)).

Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012) (in removal proceedings arising outside the Fourth, Fifth, and Eleventh Circuits, section 212(h) relief is unavailable to any alien who has been convicted of an aggravated felony after acquiring lawful permanent resident status, without regard to the manner in which such status was acquired); reaffirming Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010).

Practice Advisory. This decision is wrong and should be fought.

What offenses qualify as a significant misdemeanor?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

Matter of Cuellar-Gomez, 25 I&N Dec. 850, 855 (BIA Jul. 18, 2012) (Kansas conviction of possession of marijuana, in violation of a Wichita municipal ordinance, constituted a conviction for immigration proceedings because the Wichita proceedings required proof beyond a reasonable doubt, even though there was no right to counsel or jury trial), distinguishing Matter of Eslamizar, 23 I. & N. Dec. 684 (BIA Oct. 19, 2004).

Matter of Cuellar-Gomez, 25 I&N Dec. 850, 858-859 (BIA Jul. 18, 2012) (Kansas conviction of possession of marijuana, in violation of a Wichita municipal ordinance, constituted a conviction for a violation of a law or regulation of a State as required to trigger the controlled substances conviction ground of deportation, under INA 237(a)(2)(B)(i), 8 U.S.C.

Nelson v. Attorney General of U.S., 685 F.3d 318 (3d Cir. May 22, 2012) (when a qualifying conviction stops the accrual of continuous presence, under INA 240A(d)(1), 8 U.S.C. 1229B(d)(1) for purposes of cancellation of removal, the noncitizen may not thereafter begin a new period); following Briseno"Flores v. Attorney General, 492 F.3d 226 (3d Cir. 2007); Matter of Mendoza-Sandino, 22 I. & N. Dec. 1236, 1241 (BIA 2000) (once an alien's period of continuous presence or residence is terminated by the stop-time provision, INA 240A(d)(1), 8 U.S.C.

United States v. Rayo-Valdez, 302 F.3d 314, 318 n.5 (5th Cir. 2002) (guidelines commentary is binding as though it were in the guidelines themselves).

United States v. Ramos-Medina, 682 F.3d 852, 857-858 (9th Cir. June 21, 2012) Where there has been no change in the relevant statues, regulations or governing authority, such as an intervening decision of the Supreme Court, only an en banc panel of our court may overrule or revise the binding precedent established by a published opinion. As we observed in Miller v. Gammie, 335 F.3d 889, 900 (9th Cir.2003) (en banc): 'A goal of our circuit's decisions, including panel and en banc decisions, must be to preserve the consistency of circuit law.