Walker v. Holder, 589 F.3d 12 (1st Cir. Dec. 11, 2009) (respondent failed to established derivative citizenship through the Child Citizenship Act where the Lawful Permanent Residence could not be met because respondents LPR status had been obtained by fraud perpetrated by the respondents parents).

Lok v. INS, 548 F.2d 37, 38 (2d Cir. 1977) ("We have had occasion to note the striking resemblance between some of the laws we are called upon to interpret and King Minos's labyrinth in ancient Crete. The Tax Laws and the Immigration and Nationality Acts are examples we have cited of Congress's ingenuity in passing statutes certain to accelerate the aging process of judges.

N-A-M v. Holder, 587 F.3d 1052, 1057 (10th Cir. Nov. 20, 2009) ("Section 1231(b)(3)(b)(ii) empowers the Attorney General to deny withholding to alien petitioners upon a determination that the petitioner "having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States." The BIA construes this provision as requiring only an inquiry into whether the alien has committed a particularly serious crime.

Immigration counsel can argue that Matter of Silva-Trevino was wrongly decided, because Congress did not intend to permit the decisionmaker to go outside the criminal court record of conviction to determine whether a conviction constitutes a crime involving moral turpitude. INA 237(a)(7) provides that the Attorney General may waive deportability for a crime of domestic violence, under INA 237(a)(2)(E)(i), if the noncitizen establishes that s/he has been battered himself or herself, was not the primary perpetrator of violence in the relationship, and other facts.

Congress made eligibility for cancellation of removal depend, in part, on ABC registration. The Attorney General expressly conferred authority to IJ's to decide cancellation cases. 8 C.F.R. 1240.62(b). In light of these developments, Congress and the Executive arguably intended for an IJ to have authority to decide ABC registration in the cancellation context. Matter of Morales, 21 I. & N. Dec. 130 (BIA 1995), addressed the issue of the IJ's jurisdiction to decide ABC registration for the purposes of implementing the ABC settlement agreement.

Saysana v. Gillen, 590 F.3d 7 (1st Cir. Dec. 22, 2009) (INA 236(c) only allows mandatory detention after release from non-DHS custody that relates to the qualifying offense specified in the statute, not merely any release from any non-DHS custody; the statute was not ambiguous, and even if it were, the government's interpretation was unreasonable), overruling Matter of Saysana, 24 I. & N. Dec.

Matter of Velasco, 25 I. & N. Dec. 143 (BIA Nov. 20, 2009) (under new regulations effective January 20, 2009, a noncitizen who failed to post a required voluntary departure bond within time required subjects noncitizen to consequences for failure to depart). 8 C.F.R. 1240.25(c)(3)-(4) (2009).

Matter of Martinez-Espinoza, 25 I. & N. Dec. 118 (BIA Nov. 4, 2009) (respondent may look to the specific facts of the underlying conviction to determine the amount of marijuana involved to prove, by a preponderance of the evidence, that the offense fits within the "less than 30 grams of marijuana" exception for purposes of a seeking a waiver under INA 212(h)), citing Nijhawan v. Holder, 129 S. Ct. 2294, 2298
(2009).

N-A-M v. Holder, 587 F.3d 1052 (10th Cir. Nov. 20, 2009) (Colorado conviction of felony menacing, in violation of Colo.Rev.Stat. 18-3-206(1)(a), (b), may constitute a particularly serious crime, for purposes of barring withholding, even though it is not an aggravated felony), disagreeing with Alaka v. Atty. Gen'l of the U.S., 456 F.3d 88, 104 (3d Cir.2006) ("The plain language and structure (i.e., context) of the statute indicate that an offense must be an aggravated felony to be sufficiently serious.").

Garcia v. Holder, 584 F.3d 1288 (10th Cir. Oct. 27, 2009) (Colorado conviction for third degree assault in violation of Colo.Rev.Stat. 18-3-204(1)(a) (knowingly or recklessly cause bodily injury) is not necessarily a CMT), following Matter of Solon, 24 I. & N. Dec. 239 (BIA 2007).