Acosta v. U.S. Att'y Gen., 524 F.3d 1191 (11th Cir. Apr. 16, 2008) (court of appeal lacked subject matter jurisdiction to hear petition for review because petitioner's conviction was a crime "related to a controlled substance" under 8 U.S.C. 1182(a)(2)(A)(i)(II); and (2)).

Burgess v. United States, ___ U.S. ___, ___,(Apr. 16, 2008) ("Notably, [21 U.S.C.] 802(44) includes foreign offenses punishable by more than one year, while 802(13) includes only federal and state offenses. Incorporation of 802(13) into 841(b)(1)(A) would exclude enhancement based on a foreign offense, notwithstanding the express inclusion of foreign offenses in 802(44)'s definition of "felony drug offense." Furthermore, some States and many foreign jurisdictions do not label offenses as felonies or misdemeanors.").

Piedrahita v. Mukasey, 524 F.3d 142 (1st Cir. Apr. 28, 2008) (petition for review denied where petitioner failed to raise relevant issues in his opening brief, and addressed a dispositive issue in an incoherent and perfunctory manner).

Ortiz-Magana v. Mukasey, 523 F.3d 1042 (9th Cir. Apr. 28, 2008) (noncitizen failed to establish a reasonable probability that the state would apply the statute of conviction outside the definition of the ground of deportation in the aiding and abetting an assault with a deadly weapon, aggravated felony crime of violence context, since he presented no evidence that California has applied aiding and abetting assault outside the generic definition of a crime of violence).

United States v. Aguila-Montes de Oca, 523 F.3d 1071 (9th Cir. Apr.

United States v. Aguila-Montes de Oca, 523 F.3d 1071 (9th Cir. Apr. 28, 2008) ("In another recent en banc decision of our court, the defendant Vidal did not plead guilty "as charged." United States v. Vidal, 504 F.3d 1072, 1087 (9th Cir. 2007). As a result, our en banc court had "no way of knowing what conduct Vidal admitted when he pled guilty to conduct that was not identical to that charged in Count One of the Complaint." Id. at 1088.

Martinez v. INS, 523 F.3d 365 (2d Cir. Apr. 23, 2008) (application of the stop-time rule under INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B), as applied to a conviction occurring before IIRAIRA effective date was not impermissibly retroactive).

Arguelles-Olivares v. Mukasey, 526 F.3d 171 (5th Cir. Apr. 22, 2008) ("[A] conviction under 26 U.S.C. 7206(1) for filing a false tax return constitutes an aggravated felony for purposes of 8 U.S.C. 1101(a)(43)(M) if that offense involved a loss of $10,000 or more. ... The PSR could be considered under the circumstances presented here, particularly given that Arguelles-Olivares admitted in the underlying criminal proceedings that the amounts of loss reflected in the PSR were correct.").

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) (court of appeals enforces record of conviction limitation, of categorical analysis, and holds it improper to go beyond record of conviction where the statute defining the offense of conviction does not contain disjunctive elements or divisible subsections creating multiple offenses: "The purpose of the categorical approach is to avoid "the practical difficulties and fairness problems that would arise if courts were permitted to consider the facts behind prior convictions ....

Patel v. Mukasey, 526 F.3d 800, ___ (5th Cir. Apr. 29, 2008) ("The purpose of the categorical approach is to avoid "the practical difficulties and fairness problems that would arise if courts were permitted to consider the facts behind prior convictions .... [which] would potentially require federal courts to relitigate a defendant's prior conviction in any case where the government alleged that the defendant's actual conduct fit the definition of a predicate offense."), quoting Larin-Ullo v. Gonzales, 462 F.3d 456, 463 (5th Cir.2006), citing Taylor v. United States, 495 U.S.