Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to the BIAs definition of "crime of moral turpitude.")

NOTE: Here the Ninth Circuit declines to give deference to the Matter of Silva-Trevino, 24 I. & N. Dec. 687, 688 (A.G. 2008) ("[a] reprehensible act with some form of scienter."). Instead the Ninth Circuit continues to consider CMT to be of two types: "those involving fraud and those involving grave acts of baseness or depravity.");Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir. 2005); Navarro-Lopez v.

Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to the BIAs definition of "crime of moral turpitude.")

NOTE: Here the Ninth Circuit declines to give deference to the Matter of Silva-Trevino, 24 I. & N. Dec. 687, 688 (A.G. 2008) ("[a] reprehensible act with some form of scienter."). Instead the Ninth Circuit continues to consider CMT to be of two types: "those involving fraud and those involving grave acts of baseness or depravity.");Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir. 2005); Navarro-Lopez v.

Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (Chevron deference applies to the ultimate determination of whether an offense, once established, meets the CMT definition; deference is due to the BIAs assessment of "the character, gravity and moral significance of the conduct" as the BIA "draw[s] upon all its expertise as the single body charged with adjudicating all federal immigration cases."), overruling Plasencia-Ayala v. Mukasey, 516 F.3d 738, 744-745 (9th Cir. 2008); Nicanor-Romero v. Mukasey, 523 F.3d 922, 997 (9th Cir.

Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (a K-visa [fiancee visa] is a nonimmigrant visa; nonimmigrant is ineligible for a waiver under INA 212(i), which applies only to intending immigrants; rejecting argument that K-visa is really an immigrant visa since all K-visa recipients intend to immigrate to the U.S.).

Obi v. Holder, 558 F.3d 609 (7th Cir. Mar. 03, 2009) (per curiam) (use of pre-IIRAIRA conviction to create bar to cancellation of removal under the stop-time rule is not impermissibly retroactive).

Ghani v. Holder, 557 F.3d 836 (7th Cir. Mar. 9, 2009) (federal conviction for making a false statement to an officer, in violation of 18 U.S.C. 1001, is categorically a crime involving moral turpitude; "Even if the conduct for which Mr. Ghani was convicted did not rise to the level of fraud, however, his conviction necessarily establishes that he knowingly and willfully lied to the Government of the United States about a material matter.") NOTE: In the Seventh Circuit, Ali v. Mukasey, 521 F.3d 737 (7th Cir. 2008) applied Matter of Babaisakov, 24 I. & N. Dec.

Kim v. Holder, 560 F.3d 833 (8th Cir. Mar. 26, 2009) (noncitizen who obtained LPR status by fraud is not eligible for cancellation of removal f under INA 240A(a)).

United States v. Jones, 453 F.3d 777, 780 (6th Cir. 2006) (sentencing court may rely on affidavits of complaint containing statements of fact "only" for "the limited inquiry of whether prior offenses constitute a single criminal episode or multiple episodes" for purposes of determining whether prior offenses qualify as "convictions [for crimes] ... committed on occasions different from one another" under the Armed Career Criminal Act, 18 U.S.C. 924(e)(1)); accord, United States v. Wells, 473 F.3d 640, 647 n. 5 (6th Cir.2007).

Ghani v. Holder, 557 F.3d 836 (7th Cir. Mar. 9, 2009) ("As a threshold matter, we note that Mr. Ghani did not raise this claim before the BIA; therefore, the issue is waived. See Hamdan v. Gonzales, 425 F.3d 1051, 1058 n. 14 (7th Cir.2005) (arguments not raised to the BIA are waived for failure to exhaust administrative remedies).").

Obi v. Holder, 558 F.3d 609 (7th Cir. Mar. 3, 2009) (IIRAIRA bar to cancellation of removal properly applied retroactively to visa fraud conviction occurring before IIRAIRA effective date).