Vila v. U.S. Attorney General, 598 F.3d 1255 (11th Cir. Mar. 10, 2010) (period during which noncitizen who entered without inspection was in United States, pursuant to approved I-140 visa and pending adjustment of status petition, could not be counted in determining the seven years lawful continuous residence prior to the initiation of removal proceedings).

Penn State Law and the Pennsylvania Immigration Resource Center recently issued a toolkit for practitioners on cancellation of removal for LPRs. The toolkit includes: 1) a summary of the statutory elements of LPR Cancellation of Removal; 2) sample exhibit lists, legal memos, and checklists; 3) litigation tips and strategies from practitioners across the country; and 4) a digest of dozens of relevant cases from the Board of Immigration Appeals and federal courts. http://law.psu.edu/academics/clinics_and_externships/center_for_immigran...

Ledezma-Garcia v. Holder, 599 F.3d 1055 (9th Cir. Mar. 22, 2010) (although the "aggravated felony" definition applies regardless of the date of conviction, an aggravated felony conviction occurring prior to November 18, 1988 does not trigger deportability under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii)), overruling Matter of Lettman, 22 I. & N. Dec. 365 (BIA 1998) (en banc).

(1) During Removal Proceedings. The standard to qualify for voluntary departure prior to the completion of removal proceedings is less stringent than that for qualifying at the conclusion of proceedings.

Freeman v. Holder, ___ F.3d ___, ___, 2010 WL 760238 (8th Cir. Mar. 8, 2010) (noncitizen who has been granted a waiver of inadmissibility under INA 209(c) is still "removable" for purposes of barring circuit court jurisdiction under INA 242(a)(2)(C), 8 U.S.C. 1252(a)(2)(C)).

Ledezma-Garcia v. Holder, 599 F.3d 1055, 1059 (9th Cir. Mar. 22, 2010) ("Applying the heavy presumption against repeals by implication, see Nat'l Ass'n of Home Builders v. Defenders of Wildlife, 551 U.S. 644, 662-64, 127 S.Ct. 2518, 168 L.Ed.2d 467 (2007); Radzanower v. Touche Ross & Co., 426 U.S. 148, 153-54, 96 S.Ct. 1989, 48 L.Ed.2d 540 (1976), we agree with Ledezma-Galicia that the ADAA's temporal limitation remains in effect as an exception to other temporal provisions enacted later, and precludes his deportation.").

Ledezma-Garcia v. Holder, 599 F.3d 1055 (9th Cir. Mar. 22, 2010) (there is a general rule of statutory interpretation, i.e., a presumption against retroactively applied statutes); see Landgraf v. U.S.I. Film Prods., 511 U.S. 244 (1994).

Ledezma-Garcia v. Holder, 599 F.3d 1055, 1062 (9th Cir. Mar. 22, 2010) ("the BIA's interpretation of IMMAct 602(c) merits no deference because, when read in light of the applicable principles of statutory interpretation, [because] that provision is not ambiguous in the respect the BIA supposed that it was."); overruling Matter of Lettman, 22 I. & N. Dec. 365 (BIA 1998) (en banc).

Ledezma-Garcia v. Holder, 599 F.3d 1055 (9th Cir. Mar. 22, 2010) (although the "aggravated felony" definition applies regardless of the date of conviction, an aggravated felony conviction occurring prior to November 18, 1988 does not trigger deportability under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii)), overruling Matter of Lettman, 22 I. & N. Dec.

Munoz de Real v. Holder, ___ F.3d ___, 2010 WL 455404 (7th Cir. Feb. 11, 2010) (8 C.F.R. 1003.23(b)(1) divests the immigration court of jurisdiction to hear a motion to reopen from noncitizen who has already left the country).

Matter of Guerra, 24 I. & N. Dec. 37, 40 (BIA 2006) (non-exhaustive factors an Immigration Judge may consider in making a determination under INA 236(a) include whether the alien has a fixed address, his or her length of residence, family ties, employment history, record of appearance at court proceedings, criminal record - including the extensiveness of criminal activity, the recency of such activity, and the seriousness of the offenses, history of immigration violations, attempts to flee prosecution, and manner of entry into the United States).