United States v. Reyes-Solano, 543 F.3d 474 (8th Cir. Sept.

Gertsenshteyn v. Mukasey, 544 F.3d 137 (2d Cir. Sept. 25, 2008) (federal conviction of violating and conspiring to violate 18 U.S.C. 2422(a), enticing individuals to travel in interstate or foreign commerce to engage in prostitution, did not constitute an aggravated felony under INA 101(a)(43)(K)(ii), 8 U.S.C. 1101(a)(43)(K)(ii) ("an offense that ... is described in section 2421, 2422 or 2423 of Title 18 ...

Mitchell v. United States, 526 U.S. 314, 325, 328-30 (1999) (defendant cannot be compelled to admit facts beyond the elements of the offense and no adverse inference can be drawn from the defendant's silence regarding the offense).

HYPERLINK "http://www.ojp.usdoj.gov/bjs/" http://www.ojp.usdoj.gov/bjs/
Bureau of Justice Statics homepage.

The U.S. Attorney's office alone does not have the power to agree that the cooperator will not be deported. See 28 C.F.R. 0.197 ("The Immigration and Naturalization Service shall not be bound, in the exercise of its authority under the immigration laws, through plea agreements, cooperation agreements, or other agreements with or for the benefit of alien defendants, witnesses, or informants, or other aliens cooperating with the United States Government, except by the authorization of the Commissioner of the Service or the Commissioners delegate.

New Memo: HYPERLINK "http://bibdaily.com/pdfs/Langlois%208-5-08.pdf" http://bibdaily.com/pdfs/Langlois%208-5-08.pdf

Cospito v. Atty Gen. U.S., 539 F.3d 166 (9th Cir. Aug. 13, 2008) (decisions made by adjudicative officers at border or in making decision on adjustment of status to not collaterally stop DHS from raising same issues before IJ).

Choin v. Mukasey, 537 F.3d 1116 (9th Cir. Aug. 12, 2008) ("When the BIA advances its interpretation of an ambiguous statute in an unpublished decision, that interpretation is not entitled to Chevron deference. See Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1012 (9th Cir.2006). Unpublished BIA decisions are instead given Skidmore deference, entitling the interpretation to a respect proportional to its power to persuade. Garcia-Quintero, 455 F.3d at 1014; (applying the deference scheme laid out in Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).

De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).

De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).