Capsule updates to CMT book

CONVICTION

Nunez-Reyes v. Holder, 646 F.3d 684, 694 (9th Cir. Jul. 14, 2011) (en banc) (But Congress did not intend adverse immigration consequences for those who were merely charged with a crime or suspected of a crime; Congress intended such results only for those who were duly convicted, with all the constitutional protections of our criminal justice system.

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE " COUNTERFEITING " TRADEMARK COUNTERFEITING

Rodriguez-Valencia v. Holder, ___ F.3d ___, 2011 WL 2899605 (9th Cir. Jul. 21, 2011) (per curiam) (California offense of willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark, in violation of Penal Code 350(a)(2), has intent to defraud as an element); see Tall v. Mukasey, 517 F.3d 1115, 1117, 1119-1120 (9th Cir.2008) (California Penal Code 350 is an inherently fraudulent crime.).

jurisdiction: 
Ninth Circuit

POST CON RELIEF " VACATUR " MOTION TO REOPEN " BIA FREQUENTLY GRANTS MOTION TO REOPEN SUA SPONTE AFTER VACATUR REMOVES BASIS FOR REMOVAL

Planes v. Holder, ___ F.3d ___, ___, 2011 WL 2619105 (9th Cir. Jul. 5, 2011) (an alien who is time- and number-barred from obtaining consideration of a motion to reopen as a matter of right may petition the Board to reopen his or her case sua sponte under 8 C.F.R. 1003.2(a); cf. In re Rodriguez"Ruiz, 22 I. & N. Dec. 1378, 1380 (BIA 2000) (concluding that a conviction vacated on the merits cannot form the basis for an alien's removal).

jurisdiction: 
Ninth Circuit

CRIMES OF MORAL TURPITUDE " FRAUD OFFENSES

Planes v. Holder, ___ F.3d ___, ___, 2011 WL 2619105 (9th Cir. Jul. 5, 2011) (Accordingly, nothing in Navarro"Lopez disturbs the longstanding rule that crimes that have fraud as an element, such as Planes's convictions at issue here, are categorically crimes involving moral turpitude.); citing Navarro"Lopez v. Gonzales, 503 F.3d 1063, 1074 (9th Cir.2007) (en banc).

jurisdiction: 
Ninth Circuit

RELIEF " TEMPORARY PROTECTED STATUS " REQUIREMENTS

Matter of NCM, 25 I&N Dec. 535 (BIA 2011) (to be eligible for late initial registration for Temporary Protected Status an applicant filing as the child of an alien currently eligible to be a TPS registrant must establish only that he or she qualified as a child at the time of the initial registration period not at the time the application was filed).http://www.justice.gov/eoir/vll/intdec/vol25/3718.pdf http://www.justice.gov/eoir/vll/intdec/vol25/3718.pdf

jurisdiction: 
US Supreme Ct

PRACTICE ADVISORY " POST CON RELIEF " TEXAS " GROUNDS " INVALID PLEA " INEFFECTIVE ASSITANCE OF COUNSEL "CONVICTION " DEFERRED ADJUDICATION

Texas law conflicts with federal immigration law as to whether deferred adjudication constitutes a conviction. Ex parte Welch, 981 S.W.2d 183, 185 (Tex. Crim. App. 1998) (Deferred adjudication is not a conviction.). But see Matter of Punu, 22 I. & N. Dec. 224, 230 (B.I.A. 1998) (holding that deferred adjudication in Texas constitutes a conviction for purposes of immigration law).

jurisdiction: 
Other

RELIEF " WAIVERS " NON-LPR CANCELLATION OF REMOVAL " CRIME OF MORAL TURPITUDE CONVICTION BAR CANNOT BE OVERCOME BY WAIVER OF INADMISSIBILITY UNDER INA 212(h)

Matter of Bustamante, 25 I&N Dec. 564 (BIA 2011) (the bar to cancellation of removal, in INA 240A(b)(1)(C), 8 U.S.C. 1229b(b)(1)(C), which precludes an alien who has been convicted of an offense under INA 212(a)(2), 8 U.S.C. 1182(a)(2), from establishing eligibility for relief, may not be overcome by a waiver under INA 212(h)).
http://www.justice.gov/eoir/vll/intdec/vol25/3722.pdf

jurisdiction: 
US Supreme Ct

JUDICIAL REVIEW " FUGITIVE DISENTITLEMENT DOCTRINE

Wu v. Holder, 646 F.3d 133 (2nd Cir. Jul. 19, 2011) (fugitive disentitlement doctrine applies to noncitizens who fail to reply to bag & baggage letters and fail to submit themselves for deportation; fugitive disentitlement does not apply where, as in this case, the noncitizen's location is well known and it is clear that the noncitizen is making no attempt to flee the government or the jurisdiction).

jurisdiction: 
Second Circuit

RELIEF " WAIVERS " NON-LPR CANCELLATION OF REMOVAL " CONTINUOUS RESIDENCE

Flores-Nova v. Attorney General of the U.S., __ F.3d __, 2011 WL 2989709 (3d Cir. Jul. 25, 2011) (no humanitarian exception exists to the 90/180 day absence rule breaking periods of continuous physical presence for non-LPRs).

jurisdiction: 
Third Circuit

RELIEF " NON-LPR CANCELLATION OF REMOVAL " THIRD PARTY STANDING

Marin-Garcia v. Holder, 647 F.3d 666, 2011 WL 3130273 (7th Cir. Jul. 22, 2011) (noncitizen applicant for non-LPR cancellation has third party standing to challenge BIA determination that denial of his cancellation of removal was unconstitutional as applied to his two USC daughters, who were required to show exceptional and extremely unusual hardship).

jurisdiction: 
Seventh Circuit

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