Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. Feb. 13, 2013) (granting petition for review, since BIA misapplied its own precedent in holding that witnesses who testify against gang members may not constitute a particular social group due to a lack of social visibility for purposes of asylum eligibility).

Ramos v. U.S. Attorney General, 709 F.3d 1066 (11th Cir. Feb. 19, 2013) (Here, the Government argues that, under Duenas"Alvarez, Ramos must show that Georgia would use the Georgia statute to prosecute conduct falling outside the generic definition of theft; if he cannot, the Government argues, the statute cannot be considered divisible.

Cano v. U.S. Attorney General, 709 F.3d 1052 (11th Cir. Feb. 15, 2013) (Florida conviction for resisting an officer with violence, in violation of Fla. Stat. 843.01 [knowingly and willfully resists, obstructs, or opposes any [officer] ... by offering or doing violence to the person of such officer], is a crime involving moral turpitude, because the offense requires intentionally offering or doing violence to the officers person); following United States v. Romo"Villalobos, 674 F.3d 1246, 1250 n.4 (11th Cir.

Teague is a test that governs petitions brought 28 USC 2254 or 28 USC 2255. Padilla's case was decided on an appeal from the Kentucky Supreme Court, which is not governed by these statutes. Graham v. Collins, 506 U.S. 461, 505 (1993). Therefore, Teague should not govern state review of state convictions at all. See Danforth v. Minnesota, 552 U.S. 264, 273, 128 S.Ct. 1029, 169 L.Ed.2d 859 (2008). The states, however, are free to adopt the Teague rule if they wish.

Cardenas-Delgado v. Holder, __ F.3d __ No. 11-72057 (9th Cir. 2013) (relief under former INA 212(c) is available to noncitizens who were convicted by jury trial; it is not required that the noncitizen establish reliance to show repeal of former INA 212(c) was impermissibly retroactive).

United States v. Cabrera-Gutierrez, ___ F.3d ___, 2013 WL 2378574 (9th Cir. Jun. 3, 2013) (Oregon conviction for violation of ORS 163.425, second degree sexual abuse, was a crime of sexual abuse for federal sex offender registry purposes where the plea agreement indicated that the victim was unable to consent due to intoxication).
NOTE: This case was published prior to Descamps v. United States, __ U.S. __ (Jun. 20, 2013).

United States v. Avery, 719 F.3d 1080, 1084 (9th Cir. Jun. 18, 2013) (As we have stated in other contexts, plea agreements are contracts, and are premised on the notion that the negotiated guilty plea represents a bargained-for quid pro quo. United States v.

Rivas v. Napolitano, 714 F.3d 1108 (9th Cir. Apr. 25, 2013) (court lacked jurisdiction to compel immigration authorities to act upon alien's visa application, but doctrine of consular nonreviewability did not bar federal court's jurisdiction over alien's action to require immigration authorities to act upon his request for reconsideration of the denial of the application).

Corro Barragan v. Holder, __ F.3d __ (9th Cir. Jun. 10, 2013) (a noncitizen must have one year of uninterrupted physical presence in the United States in order to be eligible for voluntary departure under 8 U.S.C. 1229c(b)), agreeing with Medina Tovar v. U.S. Att'y Gen., 646 F.3d 1300, 1306 (11th Cir. 2011).

Gallimore v. Holder, 715 F.3d 687 (8th Cir. May 22, 2013) (jurisdictional bar to review where noncitizen has committed an aggravated felony bars petition to review denial of relief under the convention against torture).