Flores-Nova v. Attorney General of the U.S., __ F.3d __, 2011 WL 2989709 (3d Cir. Jul. 25, 2011) (no humanitarian exception exists to the 90/180 day absence rule breaking periods of continuous physical presence for non-LPRs).

Marin-Garcia v. Holder, 647 F.3d 666, 2011 WL 3130273 (7th Cir. Jul. 22, 2011) (noncitizen applicant for non-LPR cancellation has third party standing to challenge BIA determination that denial of his cancellation of removal was unconstitutional as applied to his two USC daughters, who were required to show exceptional and extremely unusual hardship).

Marin-Garcia v. Holder, 647 F.3d 666, 2011 WL 3130273 (7th Cir. Jul. 22, 2011) (noncitizen applicant for non-LPR cancellation has third party standing to challenge BIA determination that denial of his cancellation of removal was unconstitutional as applied to his two USC daughters, who were required to show exceptional and extremely unusual hardship).

Pronsivakulchai v. Holder, 646 F.3d 1019 (7th Cir. Jul. 25, 2011) (asylum, withholding and CAT barred under 8 U.S.C. 1158(b)(2)(A)(iii), 8 U.S.C. 1231(b)(3)(B)(iii), and 8 C.F.R. 1208.16(d)(2), respectively, where government had serious reason to believe that petitioner had committed offenses related to drug trafficking).

Jimenez-Guzman v. Holder, 642 F.3d 1294, 2011 WL 2547562 (10th Cir. Jun. 28, 2011) (Pending post-conviction motions or other collateral attacks do not negate the finality of a conviction for immigration purposes unless and until the conviction is overturned.); see also Paredes v. Att'y Gen., 528 F.3d 196, 198"99 (3d Cir. 2008); United States v. Adame"Orozco, 607 F.3d 647, 655 (10th Cir. 2010); United States v. Saenz"Gomez, 472 F.3d 791, 794 (10th Cir. 2007).

Jimenez-Guzman v. Holder, 642 F.3d 1294, 2011 WL 2547562 (10th Cir. Jun. 28, 2011) (Pending post-conviction motions or other collateral attacks do not negate the finality of a conviction for immigration purposes unless and until the conviction is overturned.); see Paredes v. Att'y Gen., 528 F.3d 196, 198"99 (3d Cir.2008) (adopting the reasoning of sister circuits and holding that the pendency of collateral proceedings does not vitiate finality).

Jimenez-Guzman v. Holder, 642 F.3d 1294, 2011 WL 2547562 (10th Cir. Jun. 28, 2011) (Pending post-conviction motions or other collateral attacks do not negate the finality of a conviction for immigration purposes unless and until the conviction is overturned.); see Paredes v. Att'y Gen., 528 F.3d 196, 198"99 (3d Cir.2008) (adopting the reasoning of sister circuits and holding that the pendency of collateral proceedings does not vitiate finality).

There is some tension between the rule that the original sentence is added to probation-violation sentences, on the one hand, and the Song/Cota BIA cases on sentence modification that state that it is the final sentence that governs for purposes of assessing the immigration consequences of a judgment. Matter of Song, 23 I. & N. Dec. 173 (BIA 2001); Matter of Cota-Vargas, 23 I. & N. Dec. 849 (BIA 2005).

Maggio Kattar, Duane Morris and Penn State Law, Toolkit on Private Bills, Appendices, http://law.psu.edu/news/immigration_toolkit

INA 101(a)(48)(A) (statutory definition of conviction); United States v. Hidalgo-Macias, 300 F.3d 281, 285 (2d Cir. 2002) (rejecting the argument that a one-year sentence on a violation of probation was a separate conviction from the conviction for the underlying offense, and holding that the probation violation did not make the underlying offense a crime of violence aggravated felony: "the imposition of a sentence of imprisonment following revocation of probation [in NY] is a modification of the original sentence"); In re Ahmed, 2005 WL 3952705 (Aug.