Capsule updates to CMT book

JUDICIAL REVIEW - EXHAUSTION - BIA

Hoxha v. Holder , 559 F.3d 157 (3d Cir. Mar. 2, 2009) (rejecting argument that noncitizen failed to exhaust as he clearly identified issue in the notice of appeal and did not need to reiterate and address that same issue in an optional brief).

jurisdiction: 
Third Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - MAGISTRATE JUDGE WHO HEARD EARLIER HABEAS PETITION DID NOT HAVE JURISDICTION TO HEAR LATER PETITION FOR REVIEW, WITHOUT PETITIONER'S CONSENT

Lopez v. Holder, ___ F.3d ___, 2009 WL 682991 (5th Cir. Mar. 17, 2009) (magistrate judge who heard earlier habeas petition did not have jurisdiction to hear later petition for review, without petitioner's consent, since it was a different case than the earlier proceeding).

jurisdiction: 
0

CITIZENSHIP - BIRTH IN UNITED STATES

Lopez v. Holder, ___ F.3d ___, 2009 WL 682991 (5th Cir. Mar. 17, 2009) (without consent of petitioners, magistrate judge did not have jurisdiction to try citizenship case based on birth).

jurisdiction: 
Fifth Circuit

CATEGORICAL ANALYSIS - REALISTIC PROBABILITY OF PROSECUTION

United States v. Ortiz-Gomez, ___ F.3d ___, ___, 2009 WL 604133 (5th Cir. Mar. 10, 2009) (finding, on the basis of common sense, a realistic probability that a threat to commit arson against property, even if no person was present, would be prosecuted as making a terroristic threat, in violation of 18 Pennsylvania Consolidated Statutes 2706(a)(1) [communicating a threat to "commit any crime of violence with intent to terrorize another"]).

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - EXHAUSTION

Omari v. Holder, ___ F.3d ___ (5th Cir. Mar. 4, 2009) (Court of Appeals lacked jurisdiction under 8 U.S.C. 1252(d), where petitioner did not present any of the issues raised on petition for review before the BIA).

jurisdiction: 
Fifth Circuit

JUDICIAL REVIEW - ALTERATIONS IN LONG-STANDING REGULATION

INS v. Cardoza-Fonseca 480 U.S. 421, 446 n.30 (1987) (courts look very skeptically at and will not defer to sudden, material alterations to a 20-year old administrative scheme); Batanic v. INS, 12 F.3d 662 (7th Cir. 1993).

jurisdiction: 
Other

JUDICIAL REVIEW - DICTA

Cent. Va. Cmty. Coll. v. Katz, 546 U.S. 356, 363 (2006) ("It is well-established that we are not bound to follow our dicta in a prior case in which the point now at issue was not fully debated.), citing Cohens v. Virginia, 19 U.S. 264, 399-400 (1821).

jurisdiction: 
Other

JUDICIAL REVIEW - ISSUE PRESERVATION - EXHAUSTION -- FAILURE TO OBJECT IN COURT BELOW - PLAIN ERROR TEST

Puckett v. United States, 129 S.Ct. 1423 (Mar. 25, 2009)(plain-error test of Fed. R. Crim. P. 52(b), which instructs parties how to preserve claims of error, applies in the usual fashion to a forfeited claim that the government failed to meet its obligations under a plea agreement).

jurisdiction: 
US Supreme Ct

CITIZENSHIP - NATURALIZATION - MILITARY RAPID NATURALIZATION

"The Armys one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Armys program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days.

jurisdiction: 
Other

STATUTORY CONSTRUCTION - AVOIDANCE DOCTRINE

Jean v. Nelson, 472 U.S. 846, 854 (1985) (constitutional questions should be reached only as a last resort).

jurisdiction: 
Other

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