Opinion Summaries: Second Circuit U.S. Court of Appeals
From: Findlaw Opinion Summaries, May 12, 2008.
ADMINISTRATIVE LAW, CIVIL PROCEDURE, IMMIGRATION LAW
Mendez v. Mukasey, No. 06-0032
"Petition for review of a denial of cancellation of removal on grounds that petitioner had not demonstrated that his removal would cause exceptional and extremely unusual hardship to his US citizen children is dismissed where: 1) under binding precedential decisions, the determination of whether exceptional and extremely unusual hardship was present for the purposes of cancellation of removal is committed to the Attorney General's discretion; and 2) thus, the circuit court lacked jurisdiction to review such a determination."
ATTORNEY'S FEES, CIVIL PROCEDURE, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, IMMIGRATION LAW
Bennett v. Mukasey, No. 06-2480
"Motion to recall a mandate and reinstate a petition for review of a BIA decision is granted where a lawyer's practice of accepting an initial retainer fee and then deliberately failing to take required action due to non-payment of additional fees, thereby permitting his client's petition to be dismissed, was unacceptable."
CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
Singh v. US Dep't of Homeland Sec., No. 06-5616
"Petition for review of an order removing petitioner on ground that he had committed a crime of moral turpitude, and denying his application for cancellation of removal, is dismissed in part and denied in part where the agency did not err in finding that: 1) the government satisfied its burden to present "clear, unequivocal, and convincing evidence" that petitioner was convicted of a crime of moral turpitude; and 2) the IJ did not exceed his allowable discretion in denying a continuance. (Amended Opinion)"
