Capsule updates to CMT book

JUDICIAL REVIEW " PETITION FOR REVIEW " DENIAL OF CONTINUANCE " ABUSE OF DISCRETION

Jiang v. Holder, 658 F.3d 1118 (9th Cir. Sept. 26, 2011) (We weigh four factors to determine whether the BIA has abused its discretion in denying a continuance: 1) the importance of the evidence, 2) the unreasonableness of the immigrant's conduct, 3) the inconvenience to the court, and 4) the number of continuances previously granted.); citing Cui v. Mukasey, 538 F.3d 1289, 1292 (9th Cir.2008); citing Baires v. INS, 856 F.2d 89, 92"93 (9th Cir.1988).

jurisdiction: 
Ninth Circuit

RELIEF " LPR CANCELLATION OF REMOVAL " CONTINUOUS PRESENCE REQUIREMENT " STOP-TIME RULE

Santos-Reyes v. Attorney General, 660 F.3d 196 (3d Cir. Oct. 26, 2011) (date of commission of an offense, rather than date of arrests, tiggers the stop-time rule under INA 240A(d)(1), 8 U.S.C. 1229b(d)(1)).

jurisdiction: 
Third Circuit

ADJUSTMENT OF STATUS " RESCISSION " STATUTE OF LIMITATIONS

Malik v. Atty Gen. of the U.S. (3d Cir. Oct. 4, 2011) (five-year statute of limitations for rescission of LPR status, at INA 246(a), applies to LPRs who obtained their status through adjustment of status, but not those who entered after consular processing).

jurisdiction: 
Third Circuit

GOOD MORAL CHARACTER " ALIEN SMUGGLING

Ramos v. Holder, 660 F.3d 200 (4th Cir. Oct. 27, 2011) (respondents lacked good moral character because they sent money to their children in order to assist them to enter the U.S. without inspection, which was a sufficient act to constitute alien smuggling).

jurisdiction: 
Fourth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " NO JURISDICTION TO REVIEW DISCRETIONARY DENIAL OF LPR CANCELLATION

Etienne v. Holder, 659 F.3d 513 (6th Cir. Oct. 5, 2011) (dismissing petition for review for lack of jurisdiction to review discretionary denial of cancellation of removal, under INA 240A, 8 U.S.C. 1229b).

jurisdiction: 
Sixth Circuit

POST CON RELIEF " JUDICIAL RECOMMENDATION AGAINST DEPORTATION " TIMELINESS

Solis-Chavez v. Holder, ___ F.3d ___, 2011 WL 5041916 (7th Cir. Oct. 25, 2011) (The JRAD was valid. Although it was entered about a month outside the 30"day post-sentencing window, the state-court record confirms that the judge unequivocally indicated her intent to retain jurisdiction for the express purpose of considering a JRAD, and the recommendation was thereafter entered without opposition from immigration authorities or the state prosecutor.

jurisdiction: 
Seventh Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " CONCESSION OF DEPORTABILITY

Escoto-Castillo v. Napolitano, 658 F.3d 864 (8th Cir. Oct. 13, 2011)(concession in expedited removal proceeding of deportability without relief precluded later petition for review of removal order, on grounds petitioner failed to exhaust administrative remedies); citing 8 U.S.C. 1252(d)(1); Gonzalez v. Chertoff, 454 F.3d 813, 816 (8th Cir.2006) (failure to timely respond to expedited removal Notice precludes merits review of the unexhausted issue); Wijono v.

jurisdiction: 
Eighth Circuit

JUDICIAL REVIEW " PETITION FOR REVIEW " COURT OF APPEAL CANNOT CONSIDER STATE COURT ORDER ALTERING SENTENCE THAT WAS NOT PART OF THE ADMINISTRATIVE RECORD ON APPEAL

Escoto-Castillo v. Napolitano, 658 F.3d 864 (8th Cir. Oct. 13, 2011)(Escoto"Castillo's contention that his 2002 burglary conviction was not an aggravated felony is based entirely on a post-removal state court order, evidence that is not part of the administrative record on appeal. Congress has unambiguously provided that we may decide a petition for review only on the administrative record on which the order of removal is based.); citing INA 242(b)(4)(A); 8 U.S.C. 1252(b)(4)(A); Lukowski v. INS, 279 F.3d 644, 646 (8th Cir.

jurisdiction: 
Eighth Circuit

RELIEF " WAIVERS " 212(C) RELIEF " COMPARABLE GROUNDS

Lovan v. Holder, 659 F.3d 653 (8th Cir. Oct. 13, 2011) (rejecting the comparable grounds doctrine as applied to a person who would have been eligible for 212(c) relief before the crime of conviction became an aggravated felony: Had Lovan traveled to Laos and returned after his 1991 conviction but before repeal, he would have been considered excludable based on a prior conviction for a crime involving moral turpitude. See 212(a)(2)(A)(i)(I) (1994); In re Olquin"Rufino, 23 I. & N. Dec. 896, 897 (B.I.A.2006).

jurisdiction: 
Eighth Circuit

RELIEF " ADJUSTMENT OF STATUS " PERMANENT BAR

Duran Gonzales v. U.S. Dept. of Homeland Sec., 659 F.3d 930 (9th Cir. Oct. 25, 2011) (noncitizens otherwise eligible for adjustment under INA 245(i) are barred from adjustment under INA 212(a)(9)(C) if they have left the United States and returned without permission); rejecting argument this rule does not apply to applications filed prior to the Circuit's decision in Perez"Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004)).

jurisdiction: 
Ninth Circuit

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