Decision on Review of Sua Sponte Reopening

The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)

Supreme Court reversed that simple possession offenses are not aggravated felonies

Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §1101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10).

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