Villegas De la Paz v. Holder, 614 F.3d 605 (6th Cir. Jul. 30, 2010) (petitioner not prejudiced by denial of opportunity to make statement contesting the reinstatement because she contested only that she was originally ordered excluded, which the government established through sufficient documentation).

Anderson v. Napolitano, 611 F.3d 275 (5th Cir. Jul. 9, 2010) (readmission after removal under a different (married) name, as evidenced by stamp in passport, did not suggest that noncitizen lawfully reentered the United States: The passport stamp, which simply indicates she was admitted through an immigration check point, is not evidence that the Attorney General consented to Anderson applying for readmission.).

Enriquez-Gutierrez v. Holder, 612 F.3d 400 (5th Cir. Jul. 16, 2010) (a waiver under INA 212(c) may be used to waive a post-IIRAIRA conviction if the proceedings in which the waiver is sought began prior to April 1, 1997), agreeing with Garcia-Padron v. Holder, 558 F.3d 196 (2d Cir.2009).

Enriquez-Gutierrez v. Holder, 612 F.3d 400 (5th Cir. Jul. 16, 2010) (noncitizen cannot be found removable for an offense that was waived in prior immigration proceedings by grant of INA 212(c) relief; government failed to establish that respondent had stipulated in the original proceedings that the offense would not be waived).

Pareja v. U.S. Attorney General, __ F.3d __ (3d Cir. Jul. 29, 2010) (BIAs interpretation of the exceptional and extremely unusual hardship standard deserves deference under Chevron; remanding to the BIA to clarify application of Matter of Recinas, 23 I. & N. Dec. 467 (BIA 2002), where BIA distinguished the current case by noting a difference in the number of qualifying relatives " an impermissible factor under 8 U.S.C. 1229b(b)(1)(D)).

Neves v. Holder, 613 F.3d 30 (1st Cir. Jul. 21, 2010) (petitioner not entitled to equitable tolling where he did not provide evidence demonstrating exercise of due diligence from the date of the BIAs 2003 denial of his first motion to reopen through discovery of attorneys ineffective assistance in June 2006).

AILA Files Brief of Amici Curiae in Case Challenging Silva-Trevino
http://www.aila.org/content/default.aspx?docid=35283
Brief of amici filed in the 4th Circuit case, Waheed v. Holder, urges the court to reject the Silva-Trevino framework for determining whether a conviction constitutes a crime involving moral turpitude and reaffirm the importance of the categorical approach. AILA Doc. No. 11050331.

People v. Moomey, 194 Cal.App.4th 850, 856, 123 Cal.Rptr.3d 749, 753 (4th Dist. April 26, 2011) (The crime of accessory consists of the following elements: (1) someone other than the accused, that is, a principal, must have committed a specific, completed felony; (2) the accused must have harbored, concealed, or aided the principal; (3) with knowledge that the principal committed the felony or has been charged or convicted of the felony; and (4) with the intent that the principal avoid or escape from arrest, trial, conviction, or punishment.); quoting People v.

The statutory definition of conviction, for immigration purposes, requires that the court must have ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed. INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)(2010). As the Second, Third and Fifth Circuits have held, a formal judgment of guilt requires that the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. Singh v. Holder, 568 F.3d 525, 530 (5th Cir. 2009) (emphasis added), citing Federal Rule of Criminal Procedure 32(k)(1); Puello v.

The Supreme Court recently granted certiorari in a case challenging the BIA's 212(c) decisions Matter of Blake and Matter of Brieva. In Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005), the BIA ruled that individuals who pled guilty to a crime of violence or sexual abuse of a minor aggravated felony are categorically ineligible for 212(c) relief, even if the offense would have made them inadmissible had they departed the country and presented themselves for readmission at the border.