Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (California conviction of unlawful taking of a vehicle, in violation of Vehicle Code 10851(a), constituted theft offense aggravated felony, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), since the crime of "aiding and abetting" a theft offense is included within the substantive offense).

Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (question whether California conviction of violating Vehicle Code 10851(a) holds liable accessories after the fact, who need not be shown to have committed a theft, is remanded to the Ninth Circuit for consideration in the first instance).

Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (remanding to Ninth Circuit claim that Cal. Vehicle Code 10851(1) applies to joyriding, which falls outside the generic "theft" definition, is not considered because it does not fall within the terms of the question presented, the lower court did not consider them, and this Court declines to reach them in the first instance).

United States v. Esquivel-Arellano, ___ F.3d ___, 2006 U.S. App. LEXIS 29538 (11th Cir. Nov. 30, 2006) (Georgia conviction of aggravated stalking, in violation of G.S.A. 16-5-91, prohibits a wide range of conduct and does not categorically constitute a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii)).

Lopez v. Gonzales, 549 U.S. ___,127 S.Ct. 638 (Dec. 5, 2006) (the language in the aggravated felony definition including certain state convictions "has two perfectly straightforward jobs to do: it provides that a generic description of "an offense . . . in this paragraph," one not specifically couched as a state offense or a federal one, covers either one, and it confirms that a state offense whose elements include the elements of a felony punishable under the CSA is an aggravated felony.").

United States v. Nobriga, ___ F.3d ___ , 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (predicate domestic violence offense need not have domestic relationship as an element to qualify as domestic violence offense for purposes of federal firearm offense, under 18 U.S.C. 922(g)(9), construing Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1)), following United States v. Belless, 338 F .3d 1063 (9th Cir. 2003); see White v. Dep't of Justice, 328 F.3d 1361 (Fed.Cir. 2003); United States v. Shelton, 325 F.3d 553 (5th Cir.

     Effective July 27, 2006, Congress passed a law which adds a new deportation ground to the INA making deportable "[a]ny alien who is convicted under [18 U.S.C. 2250] . . . ." INA 237(a)(2)(A)(v), added by Adam Walsh Child Protection and Safety Act of 2006, HR 4472, PL 109-248, 401 (July 27, 2006). The law also renumbers former INA 237(a)(2)(A)(v) (pardons) as (vi). While a federal conviction of violating 18 U.S.C.

United States v. Simo-Lopez, ___ F.3d ___, 2006 WL 3759302 (1st Cir. Dec. 22, 2006) (Puerto Rico conviction for aggravated battery, in violation of P.R. Laws Ann. tit.

The cases relating to the Jay Treaty and the laws implementing it for American Indians Born in Canada (INA 289) -which specifically except tribal members by adoption, or any who do not have the required 50% blood quantum - would be tangentially relevant.

United States v. Garcia, __ F.3d __ (5th Cir. Nov. 22, 2006) (Colorado conviction for third-degree assault, in violation of Colo. Rev. Stat. 18-3-204, is not a crime of violence as defined under U.S.S.G. section 4B1.2(a)(1), for purposes of career offender sentence enhancement purposes, because the statute of conviction does not require use of physical force; mere touching is sufficient). http://caselaw.lp.findlaw.com/data2/circs/5th/0541030cr0p.pdf