Martinez v. Mukasey, 519 F.3d 532, 537 (5th Cir. Mar 11, 2008) (bar to 212(h) waiver for LPRs with aggravated felony convictions only applies to noncitizens who obtained LPR status upon admission to the United States; the bar does not apply to LPRs who adjusted to LPR status without leaving the United States; the court found the language of INA 212(h) was unambiguous in this regard, and so did not give Chevron deference to the BIA). This decision overrules Matter of Rosas-Ramirez, 22 I. & N. Dec.

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) (the elements of the federal offense of misprision of a felony, in violation of 18 U.S.C. 4, were described as "(1) knowledge that a felony was committed; (2) failure to notify the authorities of the felony; and (3) an affirmative step to conceal the felony. See United States v. Adams, 961 F.2d 505, 508 (5th Cir.1992). "[U]nder the misprision statute, the defendant must commit an affirmative act to prevent discovery of the earlier felony." Id. "Mere failure to make known does not suffice." Id. at 508-09 (citation omitted).

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) ("Moreover, unlike the federal aiding and abetting statute involved in James, the federal misprision of a felony statute defines a separate offense, distinct from the underlying felony. See James, 464 F.3d at 510 n. 24 (citing Londono-Gomez v. INS, 699 F.2d 475, 476 (9th Cir.1983)). Thus, the fact that Patel was specifically indicted for misprision of a bank fraud is irrelevant to our inquiry of whether the statutory definition of the offense itself necessarily entails fraud or deceit.").

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) (the elements of the federal offense of misprision of a felony, in violation of 18 U.S.C. 4, were described as "(1) knowledge that a felony was committed; (2) failure to notify the authorities of the felony; and (3) an affirmative step to conceal the felony. See United States v. Adams, 961 F.2d 505, 508 (5th Cir.1992). "[U]nder the misprision statute, the defendant must commit an affirmative act to prevent discovery of the earlier felony." Id. "Mere failure to make known does not suffice." Id. at 508-09 (citation omitted).

Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (case remanded to allow immigration judge to reconsider petitioner's eligibility for a waiver of inadmissibility under INA 212(d)(3) where flaw in form DS-156 did not allow petitioner to correctly answer a question regarding her immigration status or the consular office to realize that she needed to apply for a waiver, and IJ failed to alert her to all the avenues of relief or afford her an opportunity to apply).

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) ("Moreover, unlike the federal aiding and abetting statute involved in James, the federal misprision of a felony statute defines a separate offense, distinct from the underlying felony. See James, 464 F.3d at 510 n. 24 (citing Londono-Gomez v. INS, 699 F.2d 475, 476 (9th Cir.1983)). Thus, the fact that Patel was specifically indicted for misprision of a bank fraud is irrelevant to our inquiry of whether the statutory definition of the offense itself necessarily entails fraud or deceit.").