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Ghanem v. Upchurch, --- F.3d ----, 2007 WL 666091 (5th Cir.(Tex.) Mar 06, 2007)

The Department of Homeland Security (DHS) Secretary revoked a previously approved immigration visa of a Jordanian citizen who married a United States citizen. The 5^th Circuit, in a case of first impression for the Circuit, deemed DHS’ decision “discretionary.” By so holding, the 5^th Circuit strips the District courts of their discretion to review such decisions. (Recognizing a split among the other circuits, the court opted to follow decisions of the Third and Seventh Circuit, rather than the Ninth.)

Brieva-Perez v. Gonzales, --- F.3d ----, 2007 WL 816536 (5th Cir. Mar 19, 2007)

In affirming the Board of Immigration Appeals, the 5^th Circuit held that a state conviction for unauthorized use of a vehicle was a "crime of violence" and thus a deportable "aggravated felony" under the Immigration and Nationality Act (INA). Yet, the 5^th Circuit conceded that the “joyriding” involved no actual use of force. Thus, in an apparent attempt to explain-away its apparent leap in logic, the 5^th Circuit reasoned that the joyriding episode carried a “substantial risk” that the vehicle might be broken into, stripped, or vandalized, or that it might become involved in an accident, resulting not only in damage to vehicle and other property, but in personal injuries to innocent victims as well. In so holding, the 5^th Circuit recognized the overruling of its 2000 Jackson decision.