Alcala v. Holder, 563 F.3d 1009 (9th Cir. Apr. 28, 2009) (Court of Appeals lacks jurisdiction to review decision of IJ to grant DHS motion to dismiss proceedings to allow DHS to reinstate prior expedited order of removal).

The Attorney General's decision in Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 7, 2008), cuts two ways. It allows resort to the underlying facts of the case to deport where the immigrant in fact committed a crime of moral turpitude, even though the offense of conviction does not invariably involve moral turpitude when the elements are assessed under the categorical analysis. The reverse is true as well: a person convicted of a crime, which involves moral turpitude under the elements, is not deportable if the facts of the offense committed did not involve moral turpitude.

In some jurisdictions, a defendant can negotiate the verdict of a court trial in the same way as for a guilty plea, saving the state the expense and uncertainty of a jury trial. Immigration counsel can argue that convictions resulting from these "slow pleas" are tantamount to guilty pleas, and convictions resulting from them should receive the same eligibility for 212(c) relief as those resulting from guilty pleas. See N. TOOBY & J. ROLLIN, CRIMINAL DEFENSE OF IMMIGRANTS 24.28(J) (2007).

Absent evidence of political motivation for a wrongful prosecution, the adjudicator cannot look behind a conviction to determine whether the applicant was guilty of the offense for purposes of determining inadmissibility under INA 212(a)(2)(A)(i)(I), although evidence of a wrongful conviction can be relevant to waiver considerations. 9 FAM 40.21(A).



In challenging a foreign conviction counsel can:

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (the decision of a single IJ, not relying on a precedential ruling, does not command Chevron deference).

United States v. Santacruz, 563 F.3d 894 (9th Cir. Apr. 20, 2009) (per curiam) ("The lack of a specific intent requirement in 2252A(a)(5)(B) -which ba rs "knowing[ ]," as opposed to willful, possession of child pornography-does not change this result. Specific intent is not required for a crime to involve moral turpitude. See Nicanor-Romero v.

Hanggi v. Holder, 563 F.3d 378 (8th Cir. Apr. 20, 2009) (petitioner failed to exhaust issue of denial of continuance where it was not raised in a timely filed brief before the BIA, and was thus not exhausted, precluding the court of appeals from reviewing the issue); citing Ming Ming Wijono v. Gonzales, 439 F.3d 868, 871 (8th Cir.2006); Etchu-Njang v. Gonzales, 403 F.3d 577, 582-83 (8th Cir.2005).

Nyari v. Napolitano, 562 F.3d 916 (8th Cir. Apr.

Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).

Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).