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Matter of Blake

In Matter of Blake, 23 I&N Dec. 722 (BIA 2005), the BIA ruled that a person found removable based on an aggravated felony conviction (sexual abuse of a minor) was not eligible for a 212(c) waiver because there was no statutory counterpart in the grounds of inadmissibility. Nearly all the circuits have considered challenges to Matter of Blake, and all but the Second Circuit have upheld the BIA’s decision.

Latest Developments|Additional Resources

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Latest Developments

Courts Consider Challenges to Matter of Blake

Published Decisions

First Circuit

  • Kim v. Gonzales, 468 F.3d 58 (1st Cir. 2006)
  • Fontes v. Gonzales, 483 F.3d 115 (1st Cir. 2007)

Second Circuit

  • Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007) (consolidated cases)

Third Circuit

  • Caroleo v. Gonzales, 476 F.3d 158 (3d Cir. 2007) (reh'g denied May 30, 2007).

Fifth Circuit

  • Brieva-Perez v.Gonzales, 482 F.3d 356 (5th Cir. 2007)
  • Vo v. Gonzales, 482 F.3d 363 (5th Cir. 2007)

Sixth Circuit

  • Thap v. Mukasey, 544 F.3d 674 (6th Cir. 2008)

Seventh Circuit

  • Valere v. Gonzales, 473 F.3d 757 (7th Cir. 2007)

Eighth Circuit

  • Vue v. Gonzales, 496 F.3d 858 (8th Cir. 2007)

Ninth Circuit

  • Abebe v. Gonzales, 554 F.3d 1203 (9th Cir. 2009), reh'g denied, 577 F.3d 1113 (9th Cir. 2009), petition for cert. filed, (Nov. 16, 2009) (No. 09-600)

Eleventh Circuit

  • De La Rosa v. U.S. Atty. Gen., 579 F.3d 1327 (11th Cir. 2009), petition for cert. filed, (Nov. 13, 2009) (No. 09-594)

Unpublished Decisions

Tenth Circuit

  • Alvarez v. Mukasey, No. 07-9528, 2008 U.S. App. LEXIS 13441 (10th Cir. 2008)

Additional Resources

AILF Practice Advisory

How to File a Petition for Review (August 13, 2009)

Other Advisory

“Defense Strategies for Applying for § 212(c) Relief in Light of Matter of Blake” by Katherine Brady, Joseph Justin Rollins and Robert Jobe. This article provides strategies for asserting that aggravated felonies that are not related to controlled substances can be waived under the former § 212(c).

Court Rules and Documents

Court Rules
Each court provides the local and federal procedural rules. Docket information also is available on the court websites. Some courts post appellate briefs as well.

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