First Circuit

ILLEGAL REENTRY - SENTENCE - COURT OF APPEAL LACKED JURISDICTION TO REVIEW CLAIM THAT DISTRICT JUDGE ERRED IN FAILING TO DEPART DOWNWARD BASED ON CULTURAL ASSIMILATION
United States v. Melendez-Torres, ___ F.3d ___, 2005 WL 2037351 (1st Cir. August 25, 2005) (court of appeal lacked jurisdiction to review claim that district judge erred in failing to depart downward based on cultural assimilation).

Lower Courts of Second Circuit

ILLEGAL REENTRY - DEFECT IN UNDERLYING REMOVAL
United States v. Duncan, ___ F.Supp.3d ___, 2005 U.S. Dist. LEXIS 24292 (D.Conn. October 17, 2005) (court granted defendant's motion to dismiss illegal reentry indictment on grounds immigration court's entry of removal order without substantive review of claim of derivative citizenship violated due process: "Due process requires that 'where the defects in an administrative proceeding foreclose judicial review of that proceeding, an alternative means of obtaining judicial review must be made available before the administrative order may be used to establish conclusively an element of a criminal offense.' Mendoza-Lopez, 481 U.S. at 838. While not expressing any ultimate opinion on the merits of Duncan's claim, the Court finds that he is entitled to further and more complete review of that claim before his removal may be used against him in an indictment under 8 U.S.C. 1326.").

Eighth Circuit

ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK
United States v. Rodriguez, ___ F.3d ___, 2005 WL 2036247 (8th Cir. Aug. 25, 2005) (waiver of appeal in immigration court of prior deportation order by defendant was not rendered unknowing and unintelligent based upon immigration judge's incorrect prediction of whether the appellate court would consider underlying drunk driving offense to be an aggravated felony for immigration law purposes, so defendant could not collaterally attack validity of prior deportation order as a defense to illegal reentry prosecution).

ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK ON VALIDITY OF DEPORTATION ORDER
United States v. Rodriguez, __ F.3d __ (8th Cir. Aug. 25, 2005) (Defendant may not collaterally attack a prior deportation order since he knowingly waived his right to appeal the immigration judge's decision and was not deprived of a right to judicial review).
http://caselaw.lp.findlaw.com/data2/circs/8th/044178p.pdf

Ninth Circuit

AGGRAVATED FELONY - FRAUD OFFENSE - LOSS - DEFENDANT WHO PAYS LOSS DOWN UNDER $10,000 HAS NOT AVOIDED A LOSS AMOUNT SUFFICIENT TO CONSTITUTE AN AGGRAVATED FELONY
Kharana v. Gonzales, 487 F.3d 1280 (9th Cir. May 29, 2007) (noncitizen who pleads guilty to fraud in misappropriating more than $10,000 but later repays the entire loss, so the victims have been made whole, has not "paid down" the "loss to the victims" below the statutory threshold so that her offense no longer qualifies as an aggravated felony fraud offense, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i)).