Capsule updates to CMT book

RELIEF - INADMISSIBILITY - 10-YEAR BAR - ADJUSTMENT OF STATUS

Mora v. Mukasey, 550 F.3d 231 (2d Cir. Dec. 16, 2008) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I) because they entered the United States after accruing more than one year unlawful presence are unable to adjust status under INA 245(i); deferring to Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007)).

jurisdiction: 
Second Circuit

CITIZENSHIP - NATURALIZATION - DUI - DRIVING UNDER THE INFLUENCE NOT BASIS TO DENY NATURALIZATION

Ragoonanan v. USCIS, 2007 WL 4465208 (D. Minn. Dec. 18, 2007) (unpublished) (district court ruled against USCIS, holding a recent DUI conviction was not a basis to deny naturalization).

jurisdiction: 
0

CITIZENSHIP - NATURALIZATION - DUI - DRIVING UNDER THE INFLUENCE NOT BASIS TO DENY NATURALIZATION

Ragoonanan v. USCIS, 2007 WL 4465208 (D. Minn. Dec. 18, 2007) (unpublished) (district court ruled against USCIS, holding a recent DUI conviction was not a basis to deny naturalization).

jurisdiction: 
Eighth Circuit

ADMISSION - VISA WAIVER PROGRAM COUNTRIES

Countries added to Visa Waiver Program (wherein admittees waive rights to immigration hearings and relief), as of November 17, 2008, include: Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic. Federal Register, Vol. 73, No. 222, Monday, Nov. 17, 2008.

jurisdiction: 
Other

RELIEF - VISA WAIVER PROGRAM COUNTRIES

Countries added to Visa Waiver Program (wherein admittees waive rights to immigration hearings and relief), as of November 17, 2008, include: Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic. Federal Register, Vol. 73, No. 222, Monday, Nov. 17, 2008.

jurisdiction: 
Other

OVERVIEW - MOTION TO REOPEN

Ahmed v. Mukasey, 548 F.3d 768 (9th Cir. Nov. 19, 2008) ("[W]e hold that when the DHS opposes a motion to reopen for adjustment of status, the BIA may consider the objection, but may not deny the motion based solely on the fact of the DHSs objection.").

jurisdiction: 
Ninth Circuit

CATEGORICAL ANALYSIS - CRIME OF MORAL TURPITUDE

Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 9, 2008) (Moral turpitude is an "extra-element" allowing the courts to examine the underlying facts of the conviction in order to made a moral turpitude determination).

jurisdiction: 
Other

JUDICIAL REVIEW - DEFERENCE - BRAND-X

Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 9, 2008) (applying Brand-X, all circuit courts are required to adopt the Attorney Generals definition of crime involving moral turpitude, as well as his fact-based analytical model for determining whether a conviction should be considered a CMT).



See http://www.bibdaily.com/pdfs/Silva%20Trevino%20Amicus%20Brief.pdf, for amici brief outlining many arguments in opposition to this terrible decision. This decision abruptly changes nearly 100 years of CMT law, and should be attacked.

jurisdiction: 
BIA

CRIME OF MORAL TURPITUDE - DEFINITION

Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 9, 2008) (crimes of moral turpitude are defined as "reprehensible conduct" with some degree of scienter, whether specific intent, deliberateness, willfulness, or recklessness).



See http://www.bibdaily.com/pdfs/Silva%20Trevino%20Amicus%20Brief.pdf, for amici brief outlining many arguments in opposition to this terrible decision. This decision abruptly changes nearly 100 years of CMT law, and should be attacked.

jurisdiction: 
Other

DETENTION - MANDATORY DETENTION - PRE-OCTOBER 8, 1998 RELEASE FROM CRIMINAL CUSTODY

Thomas v. Hogan, __ F.Supp.2d __ (M.D.Pa. Oct. 31, 2008) (noncitizen was not subject to INA 236(c) mandatory detention where he had been released from criminal custody prior to October 8, 1998, the date the Transition Period Custody Rules expired.)

jurisdiction: 
0

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