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Issue Briefs and Other Resources |
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Immigrants' Rights Update Articles
(back
to IRU index) |
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Gang
bill would expand "crime of violence" definition and otherwise
negatively impact noncitizens (10/5/05) (posted under
"Congressional Developments") |
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BIA finds 212(c) relief
not available to LPR removable due to an aggravated felony conviction,
where there is no "statutory counterpart" in the grounds of
inadmissibility (6/30/05) |
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April 26 deadline approaching for 212(c) motions to
reopen for LPRs with convictions based on pre-April 1, 1997, plea
bargains (3/31/05) |
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AG issues regulations governing 212(c) relief for LPRs
with convictions based on plea agreements made prior to Apr. 1, 1997
(11/8/04) |
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Cazares-Gutierrez
v. Ashcroft | 9th Circuit finds state felony conviction for simple
drug possession is not an immigration aggravated felony (9/21/04) |
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Cazarez-Gutierrez
v. Ashcroft | 9th Circuit withdraws opinion in
Cazarez-Gutierrez
v. Ashcroft (5/13/04) |
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Desta v.
Ashcroft |
9th Circuit: Motion for stay of removal treated as
motion for stay of voluntary departure (5/20/04) |
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Jama v. INS
| Supreme Court to decide whether removals without
consent of receiving government are lawful (4/2/04) |
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Cazarez-Gutierrez
v. Ashcroft | 9th Circuit overturns BIA finding that state
conviction for simple drug possession is "aggravated felony"
(2/17/04) |
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United States v.
Lucio-Lucio | 10th Circuit finds
DWI offense not a "crime of
violence" aggravated felony (11/24/03) |
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United States v.
Ubaldo-Figueroa | 9th Circuit reverses illegal reentry conviction based
on due process and retroactivity principles (11/24/03) |
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In Re Jung Tae Suh |
BIA: Grant of a pardon does not eliminate removability
based on conviction for domestic violence or child abuse (9/4/03) |
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Alvarez-Santos v.
INS | 9th Circuit finds criminal bar to appellate
jurisdiction applies only where removal order is based on criminal ground
(7/15/03) |
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BIA holds court order vacating conviction for reasons
of rehabilitation or immigration hardship does not eliminate conviction for
immigration purposes (7/15/03) |
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BIA issues two precedent decisions concerning the
"petty offense" exception to inadmissibility for a crime of moral turpitude
(7/15/03) |
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Toia v. Fasano | 9th Circuit finds 1990 act's bar to 212(c) relief for
certain aggravated felons not applicable to those who pled guilty before the
bar's enactment (7/15/03) |
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AG issues interim rule to restrict 212(h) waivers
(2/21/03) |
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Mohammed v. Reno | 2d Circuit finds stay of removal pending review of
habeas appeal not subject to heightened standard, but AEDPA restrictions on
212(c) relief apply to post-AEDPA conviction based on pre-AEDPA conduct
(11/22/02) |
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Rosciano v. Sonchik | District court grants habeas petition to prevent
life-threatening removal (10/21/02) |
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AG issues proposed rule governing 212(c) relief for
LPRs with certain convictions prior to Apr. 1, 1997 (9/10/02) |
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Gutierrez-Chavez v. INS | 9th Circuit rules habeas jurisdiction not available to
review challenges to BIA exercise of discretion (9/10/02) |
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Armendariz-Montoya v.
Sonchik | 9th Circuit finds AEDPA restrictions on 212(c) relief
apply to LPR with pre-AEDPA conviction after trial (7/15/02) |
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BIA: Misdemeanor offense of sexual abuse of a minor is
"aggravated felony" (Matter of Small) (7/15/02) |
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Demore, District
Director, INS v. Kim |
Supreme Court to decide legality of INS mandatory
detention (7/15/02) (posted under "Arrest and Detention") |
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DOJ issues proposed regulation changing
standard for obtaining waiver of criminal grounds of inadmissibility
(7/15/02) (posted under "Obtaining Lawful Permanent Residence Status") |
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Matter of Ramos |
BIA overrules prior decisions to find DUI conviction
not a crime of violence "aggravated felony" (7/15/02) |
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U.S. v. Corona-Sanchez |
9th Circuit rules that a sentence enhancement for
recidivism does not count towards the one-year sentence requirement for an
"aggravated felony" theft conviction (7/15/02) |
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In Re J-E- |
Divided BIA denies CAT protection to criminal
deportee fearing torture (5/30/02) (posted under "Asylum, Refugee, and
Other Protected Statuses") |
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Matter of Jean |
AG overrules BIA to limit its authority to give
relief to noncitizens who committed violent crimes (5/30/02) (posted
under "Asylum, Refugee, and Other Protected Statuses") |
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Matter of Yanez-Garcia |
BIA will follow federal criminal precedent in
determining whether state drug offenses constitute "drug trafficking"
aggravated felonies (5/30/02) |
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AG creates per se rule that drug trafficking
convictions are particularly serious crimes (4/12/02) (posted under
"Asylum, Refugee, and Other Protected Statuses") |
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Gerbier v. Holmes |
3d Circuit finds Delaware felony drug possession not an
aggravated felony (4/12/02) |
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Matter of Salazar-Regino |
BIA rules that state deferred adjudication of
first-time drug offense does not eliminate effect of conviction for
immigration purposes (4/12/02) |
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BIA reverses Matter of Yasquez-Muniz to find state
conviction for possession of firearm by a felon is "aggravated felony"
(2/28/02) |
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U.S. v.
Portillo-Mendoza, Montiel-Barraza v. INS |
9th Circuit rules that felony conviction for DUI with
prior violations is not an aggravated felony (2/28/02) |
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Valansi v. Ashcroft |
3d Circuit finds embezzlement conviction not an
aggravated felony (2/28/02) |
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BIA: "Unusual or outstanding equities" requirement not
applicable to LPR cancellation adjudications (Matter of Sotelo-Sotelo)
(12/20/01) |
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Finau v. INS |
9th Circuit rules LPR contesting deportability not
eligible for 212(h) waiver (12/20/01) (NOTE: this opinion has been
withdrawn by Finau v. INS, 277 F.3d 1150 (9th Cir. Feb. 22, 2002) |
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BIA: California perjury conviction is aggravated felony
(Matter of Martinez-Recinos) (11/16/01) |
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BIA vacates prior decision in Matter of Crammond
(11/16/01) |
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Francis v. Reno |
3d Circuit rules state misdemeanor conviction for
vehicular homicide not a "crime of violence" aggravated felony
(11/16/01) |
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Matter of Song |
BIA terminates removal proceedings for respondent with
reduced sentence (10/8/01) |
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Murillo-Espinoza v. INS |
9th Circuit upholds BIA ruling that expungements do not
eliminate the immigration effects of convictions (10/8/01) |
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INS v. St. Cyr; Calcano-Martinez
v. INS |
Supreme Court upholds habeas jurisdiction, finds
212(c) relief still available to certain immigrants in removal proceedings
(8/31/01) (posted under "Judicial Review of Immigration Decisions") |
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Three circuit courts rule felony DUI conviction not
"aggravated felony" (8/31/01) |
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BIA: Arizona aggravated DUI not a crime of moral
turpitude (Matter of Torres-Varela) (6/29/01) |
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Guerrero-Perez v. INS |
7th Circuit rules misdemeanor conviction for sexual
abuse of a minor is an "aggravated felony" (5/10/01) |
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Park v. INS |
9th Circuit holds that involuntary manslaughter
constitutes "crime of violence" (5/10/01) |
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U.S. v. Rivera-Sanchez |
9th Circuit holds marijuana conviction is not
"aggravated felony" (5/10/01) |
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U.S. v. Chapa-Garza |
5th Circuit holds that Texas felony DWI is not a crime
of violence (3/29/01) |
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EOIR issues final rule to allow some LPRs with pre-AEDPA
convictions to apply for 212(c) waivers (2/28/01) |
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Cardenas-Uriarte v.
INS |
9th Circuit rules expungement bars use of conviction
for drug paraphernalia possession in deportation case (11/28/00) |
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In Re Bahta |
BIA rules Nevada attempted possession conviction is
theft offense, triggering INA aggravated felony ground of removal
(11/28/00) |
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BIA: Youthful offender adjudication does not constitute
"conviction" for a crime under the INA (Matter of Devison-Charles)
(10/19/00) |
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Matter of
Rodriguez-Ruiz |
Conviction vacated under New York statute does not
constitute a "conviction" for immigration purposes (10/19/00) |
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BIA: Auto theft is a "theft offense" aggravated felony even
absent permanent theft intent (Matter of V-Z-S-) (8/31/00) |
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Lujan-Armendariz v. INS |
9th Circuit finds expungement can eliminate immigration
effects of drug conviction, overruling BIA's Roldan decision
(8/31/00) |
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Luu-Le v. INS |
9th Circuit rules Arizona conviction for possession of
drug paraphernalia is deportable "controlled substance" offense
(8/31/00) |
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Alberto-Gonzalez v. INS |
9th Circuit finds aggravated felony "term of
imprisonment" requirement for theft offenses refers to actual sentence
imposed (7/26/00) |
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Beltran-Tirado v. INS |
9th Circuit finds use of false
SSN not a crime of moral
turpitude (7/26/00) |
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BIA: Texas crime of vehicle burglary not a "burglary
offense" aggravated felony (Matter of Perez) (7/26/00) |
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9th Circuit:
Vehicle burglary not an aggravated felony
(Ye v. INS) (7/26/00) |
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11th Circuit: Pre-1988 aggravated felony conviction
makes noncitizen deportable (Lettman v. Reno) (6/6/00) |
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Aragon Ayon v. INS |
9th Circuit finds IIRIRA’s expanded aggravated felony
definition applies to pre-IIRIRA convictions (4/11/00) |
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BIA: Only crimes contained in grounds of
inadmissibility invoke the "stop-time" rule (Matter of
Campos-Torres)
(4/11/00) |
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Solorzano-Patlan v. INS |
7th Circuit finds Illinois burglary conviction neither
"burglary offense" nor "crime of violence" (4/11/00) |
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BIA: Arizona aggravated DUI conviction is a crime of
moral turpitude (Matter of Lopez-Meza) (2/11/00) |
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BIA: Texas controlled substance conviction not an
"aggravated felony" (Matter of K-V-D-) (12/28/99) |
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BIA: IIRIRA's aggravated felony definition applies to
all qualifying convictions; AG's decision restricting 212(c) relief still
holds (In Re Phat Dinh Truong) (11/17/99) |
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BIA: Indecency with child by exposure constitutes
aggravated felony (In Re Pedro Rodriguez-Rodriguez) (10/14/99) |
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In Re Ahmad Aldabesheh |
BIA clarifies "aggregate term of imprisonment" in cases
involving concurrent sentences (10/14/99) |
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Jurado-Gutierrez v.
Greene |
10th Circuit finds AEDPA eliminated 212(c) relief for
persons convicted prior to AEDPA's enactment (10/14/99) |
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Matter of
Puente-Salazar |
BIA rules Texas DWI conviction is aggravated felony
(10/14/99) |
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In
Re Espinoza-Gonzalez, ...Alvarado-Alvino, and
...Sweetser |
Rulings clarify whether certain convictions constitute
aggravated felonies (6/30/99) |
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In
Re Joseph |
Filing for automatic stay with immigration judge
allows INS to continue detaining alien pending appeal (6/30/99) (posted
under "Arrest and Detention") |
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In
Re L-S-
| Alien convicted of alien smuggling may apply for
withholding (6/30/99) |
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BIA addresses extreme hardship requirement for sec.
212(i) waivers (Matter
of Cervantes) (5/28/99) |
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BIA: Amnesty LPR was "admitted," is removable based on
"after admission" aggravated felony (Matter of Rosas) (5/28/99) |
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INS v. Aguirre-Aguirre |
Supreme Court:
Courts must defer to BIA's definition of "serious nonpolitical crime" as a bar to withholding (5/28/99) |
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Matter of Mauro
Roldan-Santayo |
BIA makes sweeping changes to law on "convictions" for
immigration purposes (4/30/99) |
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AG plans regulation to allow for "repapering" of
proceedings for certain legal permanent resident respondents (3/3/99) |
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In Re Gonzalo Palacios-Pinera |
Conviction for arson is conviction for crime of
violence, aggravated felony (3/3/99) |
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In Re S-S- |
Armed robbery is "particularly serious crime";
conviction precludes withholding of removal (3/3/99) |
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