Garcia-Villeda v. Mukasey, 531 F.3d 141 (2d Cir. Jul. 8, 2008) (reinstatement regulations, at 8 C.F.R. 241.8, constitute a valid interpretation of 8 U.S.C. 1231(a)(5), and does not contravene 8 U.S.C. 1229a; bar to collateral attack of prior removal order does not violate due process; petition did not qualify for and did not ask for consent to re-enter the United States, as required under 8 U.S.C. 1182(a)(9)(C)(i)(II) & (ii)).

9 FAM 40 requires referral to a panel physician of an immigrant visa applicant has prior DUIS. A 2004 CIS memo states that DUIs may be the basis of finding of a mental disorder that is harmful to others. Counsel may therefore want to provide proof (to the extent possible) that the person either is no longer drinking and/or has rehabilitated to where alcohol is not a problem in creating risking behavior, such as evaluation from substance abuse center or therapist and attendance AA meetings.

The rule of lenity applies in criminal proceedings, while the "rule of narrow construction" applies in immigration proceedings. Each relates to construction of statutory provisions, and applies at different stages of the proceedings.
See Benefit of the Lori Rosenberg, Doubt: The Survival of the Principle of Narrow Construction and its Current Applications, 8 BENDER'S IMMIGR. BULL. 1553 (Oct. 1, 2003).

No "admission of guilt" was required under this domestic violence no-plea diversion statute. Penal Code 1001.6(c). It was enacted by Stats. 1979, c. 913, p. 3141, 1, last amended by Stats. 1993, c. 221, 1, and repealed in 1995, repeal effective Jan. 1, 1996.

Matter of EAG, 24 I. & N. Dec. 591 (BIA Jul. 30, 2008) (respondent failed to establish that he was a member of a particular social group of "persons resistant to gang membership," as the evidence failed to establish that members of
Honduran society, or even gang members themselves, would perceive those
opposed to gang membership as members of a social group).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3618.pdf

Matter of SEG, 24 I. & N. Dec. 579 (BIA Jul. 30, 2008) (neither Salvadoran youth who have been subjected to recruitment efforts by the MS-13 gang and who have rejected or resisted membership in the gang based on their own personal, moral, and religious opposition to the gang's values and activities nor their family members constitute a "particular social group.").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3617.pdf

Casas-Castrillion is DETENTION. ACLU Practice Advisory on Casas-Castrillion v. DHS, 535 F.3d 942 (9th Cir. 2008).



http://lawprofessors.typepad.com/immigration/files/practice_advisory_cas...

Prieto-Romero v. Clark, ___ F.3d ___, 2008 WL 2853396 (9th Cir. Jul. 25, 2008) (noncitizen whose removal order is administratively final, but removal is stayed pending court of appeals' resolution of petition for review, is subject to detention under 8 U.S.C.

Ceta v. Mukasey, ___ F.3d ___, 2008 WL 2854153 (7th Cir. Jul. 25, 2008) ("The immigration court's lack of jurisdiction to entertain adjustment applications was not a rational basis for denying Mr. Ceta's continuance request but merely a reiteration of the amended regulation.").