Masih v. Aviles, __ F.Supp.2d ___ (S.D.N.Y. May 20, 2014) (noncitizen held not subject to INA 236(c), because noncitizen had never been released from criminal custody in relation to a removable offense; mandatory detention is not triggered upon release from pre-trial custody, and termination of probation also does not constitute release from criminal custody for mandatory detention purposes).

Rendon v. Holder, ___ F.3d ___, ___, 2014 WL 4115930 (9th Cir. Aug.

United States v. Cisneros, ___ F.3d ___ 2014 WL 4067214 (9th Cir. Aug. 19, 2014) (Oregon conviction for fleeing or attempting to elude police officers under ORS 811.540(1), is divisible for purposes of the ACCA, since the offense is a misdemeanor if the defendant fled on foot, but a felony if he fled by car).

Nguyen v. Holder, ___ F.3d ___, ___ n.4, 2014 WL 3953758 (9th Cir. Aug. 14, 2014) (whether federal conviction of misuse of a passport without intent to facilitate an act of international terrorism, under 18 U.S.C. 1544, 2331, categorically constitutes a crime of moral turpitude, is an open question).

Matter of PSH, 26 I&N Dec. 329 (BIA 2014) ( To terminate a grant of asylum pursuant to 8 C.F.R. 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in the aliens asylum application and (2) the fraud was such that the alien was not eligible for asylum at the time it was granted; however, proof that the alien knew of the fraud in the application is not required in order to satisfy the first criterion.); clarifying Matter of ASJ, 25 I&N Dec. 893 (BIA 2012).

Velasquez-Garcia v. Holder, ___ F.3d ___, 2014 WL 3611591 (7th Cir. Jul. 23, 2014) (retroactive application of ambiguous statutory definition in Child Status Protection Act, imposing a one-year deadline for filing application, would have worked manifest injustice as applied to noncitizen where noncitizens one-year period expired months before new requirement was announced).

Coyomani-Cielo v. Holder, ___ F.3d ___, 2014 WL 3401248 (7th Cir. Jul. 14, 2014) (BIA reasonably interpreted ambiguous statute, INA 240A(b)(1)(C), 8 U.S.C. 1229b(b)(1)(C), to mean that noncitizen convicted of crime of moral turpitude was ineligible for cancellation of removal for non-LPRs, even though conviction fit within petty offense exception to inadmissibility, since noncitizen could be found deportable for a single CMT), deferring to BIA decision in Matter of Cortez, 25 I. & N. Dec. 301 (BIA 2010).

Sanchez v. Holder, ___ F.3d ___, ___, 2014 WL 3329186 (7th Cir. Jul. 9, 2014) (True, the IJ and the Board retain substantial discretion in making the decision to consider evidence outside the formal record of conviction. Mata"Guerrero v. Holder, 639 F.3d 276, 277 (7th Cir.2011). However, the adjudicator must still exercise that discretion: The Board should have explained its determination that additional evidence was not necessary or appropriate to resolve the moral turpitude question, if that was indeed what the Board thought. See Silva"Trevino, 24 I. & N. Dec. at 704.

Villatoro v. Holder, ___ F.3d ___, 2014 WL 3704037 (8th Cir. Jul. 28, 2014) (court assumed Eighth Circuit had intra-circuit split concerning whether to reject Matter of Silva Trevino, 24 I. & N. Dec. 687 (AG Nov. 7, 2008), or to defer to it), compare Bobadilla v. Holder, 679 F.3d 1052 (8th Cir. May 29, 2012) (deferring to Matter of Silva Trevino, with Guardado"Garcia v. Holder, 615 F.3d 900, 902 (8th Cir. 2010) (following prior Eighth Circuit law).

Alvarado v. Holder, ___ F.3d ___, ___, 2014 WL 3608713 (9th Cir. Jul. 23, 2014) (the government may not rely on the reference to methamphetamine in [Count I of ] the indictment, because the plea agreement dismissed the original Count I, and provided the defendant would enter a plea only to Modified Count One: Attempted possession of a dangerous drugs [sic], which did not identify any specific substance).