Capsule updates to CMT book

RELIEF " CANCELLATION OF REMOVAL " GOOD MORAL CHARACTER " CREDIBILITY

Restrepo v. Holder, 676 F.3d 10 (1st Cir. Apr. 12, 2012)
(substantial evidence in the record established that petitioner provided false testimony under oath at his immigration hearings regarding the motives underlying his divorce, so he was statutorily precluded from obtaining cancellation of removal relief because he lacked good moral character).

CRIMES OF MORAL TURPITUDE"MENTAL STATE"RECKLESSNESS

Idy v. Holder, 674 F.3d 111 (1st Cir. Mar. 23, 2012) (New Hampshire conviction of reckless conduct, in violation of N.H.Rev.Stat. Ann. 631:3 [recklessly engages in conduct which places or may place another in danger of serious bodily injury where the defendant is aware of and consciously disregards a substantial and unjustifiable risk] is a CMT).

CRIMES OF MORAL TURPITUDE"MENTAL STATE"RECKLESSNESS

Idy v. Holder, 674 F.3d 111 (1st Cir. Mar. 23, 2012) (New Hampshire conviction of reckless conduct, in violation of N.H.Rev.Stat. Ann. 631:3 [recklessly engages in conduct which places or may place another in danger of serious bodily injury where the defendant is aware of and consciously disregards a substantial and unjustifiable risk] is a CMT).

RELIEF"NACARA"ALIEN CREWMAN

Gonzalez v. Holder, 673 F.3d 35 (1st Cir. Mar. 14, 2012) (BIA properly classified noncitizen as alien crewman, therefore noncitizen was disqualified from NACARA).

JUDICIAL REVIEW"DISTRICT COURTS JURISDICTION TO REVIEW NATURALIZATION DENIALS

Gonzalez v. Secy of Dept of Homeland Security, 2012 WL 898609 (3d Cir. Mar. 19, 2012) (unpublished) (the jurisdiction vested in district courts by 8 U.S.C. 1421(c) to review naturalization denials is not divested by the priority given to removal proceedings under 8 U.S.C. 1429; district court may grant declaratory relief in the naturalization case notwithstanding the role it may play in terminating a removal proceeding).

ADMISSION"VISA WAIVER PROGRAM

Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown).

RELIEF"WAIVERS"212(H) WAIVER"AGGRAVATED FELONY BAR

Bracamontes v. Holder, 675 F.3d 380 (4th Cir. Mar. 29, 2012) (aggravated felony bar on eligibility for a waiver under INA 212(h) applies only to people who entered the United States as lawful permanent residents, not to those who later adjusted status to become lawful permanent residents); Lanier v. U.S. Attorney General, 631 F.3d 1363, 1366 (11th Cir. 2011); Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir. 2008); Hing Sum v. Holder, 602 F.3d 1092, 1101 (9th Cir. 2010) (Procedure, and not substance, is determinative of an admission into the United States under 1101(a)(13)(A) and 212(h).

RELIEF"JUDICIAL REVIEW"CANCELLATION OF REMOVAL

Munoz-Pacheco v. Holder, 673 F.3d 741 (7th Cir. Mar. 14, 2012) (court lacks jurisdiction to review hardship discretionary issue).

RELIEF"WAIVERS"212(C) WAIVER"JURY TRIAL CONVICTIONS

Peng v. Holder, 673 F.3d 1248, 1250-1251 (9th Cir. Mar. 22, 2012) (The enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which repealed the waiver of deportation under Immigration and Naturalization Act (INA) 212(c), 8 U.S.C. 1182(c), does not affect the right of aliens to use the 212(c) waiver, when such aliens proceeded to trial and were convicted of a crime involving moral turpitude prior to the enactment of IIRIRA.

RELIEF"WAIVERS"212(H) WAIVER"LPR BARS NOT IMPERMISSIBLY RETROACTIVE

Peng v. Holder, 673 F.3d 1248 (9th Cir. Mar. 22, 2012) (the seven years continuous presence requirement for lawful permanent residents under INA 212(h) is not impermissibly retroactive when proceedings were begun after the effective date of IIRAIRA).

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