Wellington v. Holder, 623 F.3d 115 (2d Cir. Oct. 20, 2010) (We hold that an alien who receives state rehabilitative treatment for a removable offense under 8 U.S.C. 1182(a)(2)(A)(i)(II) remains "convicted" of that offense pursuant to the definition of "conviction" in the Immigration and Nationality Act, see INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), even if the alien would have been eligible for relief under the Federal First Offender Act had she been prosecuted in federal court. See 18 U.S.C. 3607.).

Wellington v. Holder, 623 F.3d 115 (2d Cir. Oct. 20, 2011) (No. 09-4111) (a Certificate of Relief or similar state rehabilitative treatment does not preclude use of the underlying offense as a basis for removal or as a basis for ineligibility for relief, where the state treatment was not related to a procedural or substantive defect in the criminal proceedings).

Ahmed v. Holder, 624 F.3d 150 (2d Cir. Oct. 27, 2010) (court of appeals lacked jurisdiction to review the BIA's discretionary denial of a waiver of inadmissibity under INA 237(a)(1)(H), 8 U.S.C. 1227(a)(1)(H)).

Ahmed v. Holder, 624 F.3d 150 (2d Cir. Oct. 27, 2010) (court of appeals lacked jurisdiction to review the BIA's discretionary denial of a waiver of inadmissibity under INA 237(a)(1)(H), 8 U.S.C. 1227(a)(1)(H)).

De Leon-Ochoa v. Attorney General of U.S., 622 F.3d 341 (3d Cir. Oct. 1, 2010) (noncitizen cannot impute continuous residence of parents in establishing eligibility for TPS under 8 U.S.C. 1254a(c)(1)(A)(ii)).

Thomas v. Attorney General of U.S., 625 F.3d 134 (3d Cir. Oct. 26, 2010) (police officers' written statements are therefore not part of the record of conviction that may be consulted as part of the modified categorical analysis).

Hernandez-Cruz v. Holder, ___ F.3d ___, ___n.19 (9th Cir. Jul. 7, 2011) (Because the BIA did not rely on Silva-Trevino in this case, we cannot consider whether Silva-Trevino can be reconciled with our precedent. See Marmolejo-Campos, 558 F.3d at 907 n.6 (As th[e] question is not squarely before us, we reserve judgment as to the validity of that portion of our prior case law which suggests review should be more confined [than that permitted by Silva-Trevino].); see also Guardado-Garcia v. Holder, 615 F.3d 900, 902 (8th Cir.

Nunez-Reyes v. Holder, 646 F.3d 684, 694 (9th Cir. Jul. 14, 2011) (en banc) (But Congress did not intend adverse immigration consequences for those who were merely charged with a crime or suspected of a crime; Congress intended such results only for those who were duly convicted, with all the constitutional protections of our criminal justice system.

Rodriguez-Valencia v. Holder, ___ F.3d ___, 2011 WL 2899605 (9th Cir. Jul. 21, 2011) (per curiam) (California offense of willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark, in violation of Penal Code 350(a)(2), has intent to defraud as an element); see Tall v. Mukasey, 517 F.3d 1115, 1117, 1119-1120 (9th Cir.2008) (California Penal Code 350 is an inherently fraudulent crime.).

Planes v. Holder, ___ F.3d ___, ___, 2011 WL 2619105 (9th Cir. Jul. 5, 2011) (an alien who is time- and number-barred from obtaining consideration of a motion to reopen as a matter of right may petition the Board to reopen his or her case sua sponte under 8 C.F.R. 1003.2(a); cf. In re Rodriguez"Ruiz, 22 I. & N. Dec. 1378, 1380 (BIA 2000) (concluding that a conviction vacated on the merits cannot form the basis for an alien's removal).