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of a conviction for which a judicial recommendation against deportation has been granted); see 8 U.S.C. 1251(b)(2) (repealed 1990); following Solis"Chavez v. Holder, 662 F.3d 462 (7th Cir. Oct. 25, 2011).
RELIEF " 212(c) WAIVER " TRIAL CONVICTION
Khodja v. Holder, 666 F.3d 415 (7th Cir. Dec.
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).
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).
PRACTICE ADVISORY " CRIMES OF MORAL TURPITUDE " THREATS " FIRST AMENDMENT PROTECTION
It is possible, under some statutes criminalizing threats, for a threat to be punished even though (a) the defendant did not intend to carry out the threat, and (b) the defendant did not intend the threat to be believed. Under these circumstances it is possible the statute might punish a defendant who was merely negligent on these issues.
A mental state of mere negligence is insufficient to constitute a crime of moral turpitude.
RELIEF " ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) (a Visa Waiver Program entrant can adjust status via an immediate relative).
RELIEF " PRIVATE BILL " PRIVATE BILL KIT
The Private Bill Kit is on Penn States website.
http://law.psu.edu/_file/PBDA_Toolkit.pdf
ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) states that VWP entrants can adjust if the adjustment is through an immediate relative.
OVERVIEW " ADJUSTMENT AS ADMISSION " CUBAN REFUGEE ADJUSTMENT ACT
Matter of Espinosa-Guillot, 25 I&N Dec. 653 (BIA Dec. 6, 2011) (noncitizen who adjusted to LPR status through Cuban Refugee Adjustment Act has been admitted to the United States and is therefore subject to grounds of removal under INA 237).
RELIEF " CANCELLATION " STOP-TIME RULE " NOTICE TO APPEAR STOPS THE TIME EVEN IF IT DOES NOT GIVE A TIME OF HEARING
Matter of Camarillo, 25 I. & N. Dec. 644 (BIA Dec. 2, 2011) (any period of continuous residence or continuous physical presence of an alien applying for cancellation of removal under section INA 240A is deemed to end upon the service of a notice to appear on the alien, even if the notice to appear does not include the date and time of the initial hearing).
http://www.justice.gov/eoir/vll/intdec/vol25/3734.pdf