• Issue Briefs and Other Resources

• Immigrants' Rights Update Articles

Issue Briefs and Other Resources

Immigrants' Rights Update Articles (back to IRU index)

Gang bill would expand "crime of violence" definition and otherwise negatively impact noncitizens (10/5/05) (posted under "Congressional Developments")

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)

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)

AG issues regulations governing 212(c) relief for LPRs with convictions based on plea agreements made prior to Apr. 1, 1997 (11/8/04)

Cazares-Gutierrez v. Ashcroft | 9th Circuit finds state felony conviction for simple drug possession is not an immigration aggravated felony (9/21/04)

Cazarez-Gutierrez v. Ashcroft | 9th Circuit withdraws opinion in Cazarez-Gutierrez v. Ashcroft  (5/13/04)

Desta v. Ashcroft | 9th Circuit: Motion for stay of removal treated as motion for stay of voluntary departure (5/20/04)

Jama v. INS | Supreme Court to decide whether removals without consent of receiving government are lawful (4/2/04)

Cazarez-Gutierrez v. Ashcroft | 9th Circuit overturns BIA finding that state conviction for simple drug possession is "aggravated felony" (2/17/04)

United States v. Lucio-Lucio | 10th Circuit finds DWI offense not a "crime of violence" aggravated felony (11/24/03)

United States v. Ubaldo-Figueroa | 9th Circuit reverses illegal reentry conviction based on due process and retroactivity principles (11/24/03)

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)

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)

BIA holds court order vacating conviction for reasons of rehabilitation or immigration hardship does not eliminate conviction for immigration purposes (7/15/03)

BIA issues two precedent decisions concerning the "petty offense" exception to inadmissibility for a crime of moral turpitude (7/15/03)

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)

AG issues interim rule to restrict 212(h) waivers (2/21/03)

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)

Rosciano v. Sonchik | District court grants habeas petition to prevent life-threatening removal (10/21/02)

AG issues proposed rule governing 212(c) relief for LPRs with certain convictions prior to Apr. 1, 1997 (9/10/02)

Gutierrez-Chavez v. INS | 9th Circuit rules habeas jurisdiction not available to review challenges to BIA exercise of discretion (9/10/02)

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)

BIA: Misdemeanor offense of sexual abuse of a minor is "aggravated felony" (Matter of Small) (7/15/02)

Demore, District Director, INS v. Kim | Supreme Court to decide legality of INS mandatory detention (7/15/02) (posted under "Arrest and Detention")

DOJ issues proposed regulation changing standard for obtaining waiver of criminal grounds of inadmissibility (7/15/02) (posted under "Obtaining Lawful Permanent Residence Status")

Matter of Ramos | BIA overrules prior decisions to find DUI conviction not a crime of violence "aggravated felony" (7/15/02)

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)

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")

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")

Matter of Yanez-Garcia | BIA will follow federal criminal precedent in determining whether state drug offenses constitute "drug trafficking" aggravated felonies (5/30/02)

AG creates per se rule that drug trafficking convictions are particularly serious crimes (4/12/02) (posted under "Asylum, Refugee, and Other Protected Statuses")

Gerbier v. Holmes | 3d Circuit finds Delaware felony drug possession not an aggravated felony (4/12/02)

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)

BIA reverses Matter of Yasquez-Muniz to find state conviction for possession of firearm by a felon is "aggravated felony" (2/28/02)

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)

Valansi v. Ashcroft | 3d Circuit finds embezzlement conviction not an aggravated felony (2/28/02)

BIA: "Unusual or outstanding equities" requirement not applicable to LPR cancellation adjudications (Matter of Sotelo-Sotelo) (12/20/01)

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)

BIA: California perjury conviction is aggravated felony (Matter of Martinez-Recinos) (11/16/01)

BIA vacates prior decision in Matter of Crammond (11/16/01)

Francis v. Reno | 3d Circuit rules state misdemeanor conviction for vehicular homicide not a "crime of violence" aggravated felony (11/16/01)

Matter of Song | BIA terminates removal proceedings for respondent with reduced sentence (10/8/01)

Murillo-Espinoza v. INS | 9th Circuit upholds BIA ruling that expungements do not eliminate the immigration effects of convictions (10/8/01)

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")

Three circuit courts rule felony DUI conviction not "aggravated felony" (8/31/01)

BIA: Arizona aggravated DUI not a crime of moral turpitude (Matter of Torres-Varela) (6/29/01)

Guerrero-Perez v. INS | 7th Circuit rules misdemeanor conviction for sexual abuse of a minor is an "aggravated felony" (5/10/01)

Park v. INS | 9th Circuit holds that involuntary manslaughter constitutes "crime of violence" (5/10/01)

U.S. v. Rivera-Sanchez | 9th Circuit holds marijuana conviction is not "aggravated felony" (5/10/01)

U.S. v. Chapa-Garza | 5th Circuit holds that Texas felony DWI is not a crime of violence (3/29/01)

EOIR issues final rule to allow some LPRs with pre-AEDPA convictions to apply for 212(c) waivers (2/28/01)

Cardenas-Uriarte v. INS | 9th Circuit rules expungement bars use of conviction for drug paraphernalia possession in deportation case (11/28/00)

In Re Bahta | BIA rules Nevada attempted possession conviction is theft offense, triggering INA aggravated felony ground of removal (11/28/00)

BIA: Youthful offender adjudication does not constitute "conviction" for a crime under the INA (Matter of Devison-Charles) (10/19/00)

Matter of Rodriguez-Ruiz | Conviction vacated under New York statute does not constitute a "conviction" for immigration purposes (10/19/00)

BIA: Auto theft is a "theft offense" aggravated felony even absent permanent theft intent (Matter of V-Z-S-) (8/31/00)

Lujan-Armendariz v. INS | 9th Circuit finds expungement can eliminate immigration effects of drug conviction, overruling BIA's Roldan decision (8/31/00)

Luu-Le v. INS | 9th Circuit rules Arizona conviction for possession of drug paraphernalia is deportable "controlled substance" offense (8/31/00)

Alberto-Gonzalez v. INS | 9th Circuit finds aggravated felony "term of imprisonment" requirement for theft offenses refers to actual sentence imposed (7/26/00)

Beltran-Tirado v. INS | 9th Circuit finds use of false SSN not a crime of moral turpitude (7/26/00)

BIA: Texas crime of vehicle burglary not a "burglary offense" aggravated felony (Matter of Perez) (7/26/00)

9th Circuit: Vehicle burglary not an aggravated felony (Ye v. INS) (7/26/00)

11th Circuit: Pre-1988 aggravated felony conviction makes noncitizen deportable (Lettman v. Reno) (6/6/00)

Aragon Ayon v. INS | 9th Circuit finds IIRIRA’s expanded aggravated felony definition applies to pre-IIRIRA convictions (4/11/00)

BIA: Only crimes contained in grounds of inadmissibility invoke the "stop-time" rule (Matter of Campos-Torres) (4/11/00)

Solorzano-Patlan v. INS | 7th Circuit finds Illinois burglary conviction neither "burglary offense" nor "crime of violence" (4/11/00)

BIA: Arizona aggravated DUI conviction is a crime of moral turpitude (Matter of Lopez-Meza) (2/11/00)

BIA: Texas controlled substance conviction not an "aggravated felony" (Matter of K-V-D-) (12/28/99)

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)

BIA: Indecency with child by exposure constitutes aggravated felony (In Re Pedro Rodriguez-Rodriguez) (10/14/99)

In Re Ahmad Aldabesheh | BIA clarifies "aggregate term of imprisonment" in cases involving concurrent sentences (10/14/99)

Jurado-Gutierrez v. Greene | 10th Circuit finds AEDPA eliminated 212(c) relief for persons convicted prior to AEDPA's enactment (10/14/99)

Matter of Puente-Salazar | BIA rules Texas DWI conviction is aggravated felony (10/14/99)

In Re Espinoza-Gonzalez, ...Alvarado-Alvino, and ...Sweetser | Rulings clarify whether certain convictions constitute aggravated felonies (6/30/99)

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")

In Re L-S- | Alien convicted of alien smuggling may apply for withholding (6/30/99)

BIA addresses extreme hardship requirement for sec. 212(i) waivers (Matter of Cervantes) (5/28/99)

BIA: Amnesty LPR was "admitted," is removable based on "after admission" aggravated felony (Matter of Rosas) (5/28/99)

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)

Matter of Mauro Roldan-Santayo | BIA makes sweeping changes to law on "convictions" for immigration purposes (4/30/99)

AG plans regulation to allow for "repapering" of proceedings for certain legal permanent resident respondents (3/3/99)

In Re Gonzalo Palacios-Pinera | Conviction for arson is conviction for crime of violence, aggravated felony (3/3/99)

In Re S-S- | Armed robbery is "particularly serious crime"; conviction precludes withholding of removal (3/3/99)