Capsule updates to CMT book

JUDICIAL REVIEW " FINALITY OF BIA DISMISSAL AND REMAND

Li v. Holder, 666 F.3d 147 (4th Cir. Dec. 2, 2011) (BIA order finding noncitizen deportable, but remanding to IJ to consider voluntary departure, is a "final order" for purposes of a petition of review; while court had jurisdiction to consider appeal of BIA decision, court chose not to exercise jurisdiction for prudential reasons).

jurisdiction: 
Fourth Circuit

CITIZENSHIP " NATURALIZED CITIZENSHIP " REVOCATION

United States v. Suarez, 666 F.3d 655 (7th Cir. Dec. 16, 2011) (INA 1101(f)(8) and the accompanying regulations prevent a person from establishing good moral character for naturalization or any other relief when the person committed criminal acts within statutory GMC period prior to naturalization, but was not indicted or convicted of the offenses until after naturalization occurred).

jurisdiction: 
Seventh Circuit

POST CON RELIEF " JUDICIAL RECOMMENDATION AGAINST DEPORTATION

Khodja v. Holder, 666 F.3d 415 (7th Cir. Dec. 12, 2011) (immigration authorities may not deport a noncitizen on account of a conviction for which a judicial recommendation against deportation has been granted); see 8 U.S.C. 1251(b)(2) (repealed 1990); following Solis"Chavez v. Holder, 662 F.3d 462 (7th Cir. Oct. 25, 2011).

jurisdiction: 
Seventh Circuit

RELIEF " 212(c) WAIVER " TRIAL CONVICTION

Khodja v. Holder, 666 F.3d 415 (7th Cir. Dec.

jurisdiction: 
Seventh Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " DENIAL OF MOTION TO CONTINUE

Calma v. Holder, 663 F.3d 868 (7th Cir. Dec. 5, 2011) (court has jurisdiction to review denial of motion for continuance not related to merits of case; IJ did not abuse discretion in denying continuance where noncitizen's hopes of eventual adjustment were speculative and the potential process lengthy).

jurisdiction: 
Seventh Circuit

CITIZENSHIP " DERIVATIVE CITIZENSHIP

Romero-Mendoza v. Holder, 665 F.3d 1105, 2011 WL 6318336 (9th Cir. Dec. 19, 2011) (petitioner's claim of derivative citizenship, through USC mother alone, was defeated by evidence showing his paternity was legitimated under Salvadoran law when parents married after petitioner's birth).

jurisdiction: 
Ninth Circuit

CONVICTION " NATURE OF CONVICTION " RECORD OF CONVICTION " RESPONDENTS TESTIMONY IN REMOVAL PROCEEDINGS

Pagayon v. Holder, ___ F.3d ___, 2011 WL 6091276 (9th Cir. Dec. 8, 2011) (per curiam), granting rehearing, withdrawing previous opinion, 642 F.3d 1226 (9th Cir.2011), and denying rehearing en banc ("Pagayons admission of the allegation that his drug offense involved methamphetamine was a pleading stage admission. By contrast, his admission that he was convicted of the crimes charged in the information offered by the government was an evidentiary stage admission.

jurisdiction: 
Ninth Circuit

RECORD OF CONVICTION " INCLUDED DOCUMENTS " ABSTRACT OF JUDGMENT

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011) (abstract of judgment, as a document prepared by the court, is acceptable evidence to establish the crime a defendant was convicted of; suggesting that United States v. Navidad"Marcos, 367 F.3d 903 (9th Cir. 2004) (abstract of judgment insufficient to establish crime of conviction) was overruled by United States v. Snellenberger, 548 F.3d 699 (9th Cir.2008) (en banc)).

Note: This decision speaks to the use of the abstract of judgment to identify the crime of conviction, not the nature of the conviction.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION OF ADMINISTRATIVE REMEDIES

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec.

jurisdiction: 
Ninth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " EXHAUSTION OF ADMINISTRATIVE REMEDIES

Kwong v. Holder, ___ F.3d ___, 2011 WL 6061513 (9th Cir. Dec. 7, 2011)(respondents action in making a motion to reopen and terminate removal generally challenging the sufficiency of the evidence to show he was convicted of first-degree burglary was sufficient to exhaust the issue of the sufficiency of the abstract of judgment to prove that fact: While Kwong is required to raise every issue in the administrative proceedings, this court retains jurisdiction where the issue in question [has] been argued in a slightly different manner [below].); quoting Cruz"Navarro v. INS, 232 F.3d 1024, 1030 n.

jurisdiction: 
Ninth Circuit

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