Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015) (BIA was not required to apply categorical analysis to determine whether a conviction was for a violent or dangerous crime, for purposes of application of the enhanced hardship standard under Matter of Jean, 23 I. & N. Dec. 373 (Att'y Gen. 2002); immigration judge was allowed to examine documents outside the record of conviction in making the determination whether a conviction was for a violent or dangerous crime).

Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015) (determination whether conviction was for a violent or dangerous crime, for purposes of considering an application for a waiver of inadmissibility under INA 212(h), is a discretionary decision not subject to review).

Torres-Valdivias v. Lynch, ___ F.3d ___, 2015 WL 2146726 (9th Cir. May 8, 2015)
(California conviction of sexual battery, in violation of Penal Code 243.4(a), constituted a violent or dangerous crime, for purposes of triggering application of the Matter or Jean enhanced hardship standard to an application for a waiver of moral turpitude inadmissibility under INA 212(h)).

The Supreme Court commented, in dictum, that a residential burglary conviction, with a one-year sentence imposed, would qualify as an aggravated felony crime of violence under 18 U.S.C. 16(b). It stated: The classic example is burglary. A burglary would be covered under 16(b) not because the offense can be committed in a generally reckless way or because someone may be injured, but because burglary, by its nature, involves a substantial risk that the burglar will use force against a victim in completing the crime. Leocal v. Ashcroft, 543 U.S. 1, 10 (2004).

Matter of Agour, 26 I&N Dec. 566 (BIA 2015) (adjustment of status constitutes an "admission" for purposes of determining an aliens eligibility to apply for a visa-fraud waiver under INA 237(a)(1)(H), 8 U.S.C. 1227(a)(1)(H) (2012)); distinguishing Matter of Connelly, 19 I&N Dec. 156 (BIA 1984).

Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015) (an Immigration Judges predictive findings of what may or may not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review); overruling Matter of V-K-, 24 I&N Dec. 500 (BIA 2008); Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008).

Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015) (noncitizen who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under INA 212(h), 8 U.S.C. 1182(h) (2012), as a result of an aggravated felony conviction); withdrawing Matter of E.W. Rodriguez, 25 I&N Dec. 784 (BIA 2012), and Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010).

Almaza Arenas (overruling Young v. Holder) was vacated. It's going en banc. Many of you may be aware of this already, but if not--here it is. Now arguably, Moncrieffe still trumps Young v. Holder on the burden issue (for affirmative applications for relief), but this makes our advisory world much more challenging when advising undocumented clients.

Walker v. U.S. Atty. Gen., ___ F.3d ___, ___, 2015 WL 1782677 (11th Cir. Apr. 21, 2015) (Florida conviction of uttering a forged instrument, under Fla. Stat. 831.02, is categorically a crime involving moral turpitude, under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i): Because uttering a forged instrument involves deceit, we hold that it is a crime of moral turpitude. Uttering a forged instrument is behavior that runs contrary to accepted societal duties and involves dishonest or fraudulent activity.); quoting and following Itani v. Ashcroft, 298 F.3d 1213, 1215 (11th Cir. 2002).

Hernandez v. Holder, 783 F.3d 189 (4th Cir. Apr. 14, 2015) (deferring to Matter of Cortez Canales, 25 I. & N. Dec. 301, 306"08 (2010), to find noncitizen barred from non-LPR cancellation of removal under INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), due to being removable under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i), even though the noncitizens only crime fits within the petty offense exception to inadmissibility).