Oropeza-Wong v. Gonzales, ___ F.3d ___, 2005 WL 1088938 (9th Cir. May 10, 2005) (noncitizen held not entitled to a statutory waiver of the conditional basis of his permanent resident status, based on marriage to a United States citizen, since he did not meet his burden of proving that he entered his marriage in good faith).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371446p.pdf

Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (to determine whether a noncitizen is deportable for being inadmissible at entry or adjustment under INA 237(a)(1)(A), the court must look to the law as it existed at the time of entry or adjustment, not current law).

8 CFR 1246 states that if person has LPR status and it appears they were not eligible "a proceeding shall be commenced by the personal service upon such person of a notice of intent to rescind . . . ."

Kalal v. Gonzales, __ F.3d __ (9th Cir. March 30, 2005) (Conditional permanent resident status cannot be properly granted to a noncitizen who enters with a K-1 visa, granted for the purpose of marrying one person, were the noncitizen marries someone else).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371354p.pdf

United States v. Afshari, 426 F.3d 1150 (9th Cir. Oct. 20, 2005) (8 U.S.C. 1189, statute prohibiting financial support to organizations designated as "terrorist" is constitutional, despite fact that defendants are precluded from collaterally attacking the designation).

Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (applying definition of "sexual abuse" at 18 U.S.C. 3509(a)(8), the court found that solicitation of a sexual act constitutes "sexual abuse," as that section includes "inducement, enticement, or coercion.") NOTE: This case is distinguishable from the Ninth Circuit cases, such as Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir. Sep. 30, 1997) (Arizona conviction for solicitation to possess cocaine, under A.R.S.

Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (applying definition of "sexual abuse" at 18 U.S.C. 3509(a)(8), the court found that solicitation of a sexual act constitutes "sexual abuse," as that section includes "inducement, enticement, or coercion.") NOTE: This case is distinguishable from the Ninth Circuit cases, such as Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir. Sep. 30, 1997) (Arizona conviction for solicitation to possess cocaine, under A.R.S.

Peters v. Ashcroft, 383 F.3d 302 (5th Cir. Aug. 27, 2004) (Fifth Circuit rejected reasoning of Coronado-Durazo, holding a conviction of solicitation to transport marijuana for sale constituted a conviction of an offense relating to a controlled substance)

8 C.F.R. 244.1 provides: As used in this Part [relating to Temporary Protected Status]: Felony means a crime committed in the United States, punishable by imprisonment for a term of more than one year, regardless of the term such alien actually served, if any, except: When the offense is defined by the State as a misdemeanor and the sentence actually imposed is one year or less regardless of the term such alien actually served. Under this exception for purposes of section 244 of the Act, the crime shall be treated as a misdemeanor. . . .

Tran v. Gonzales, ___ F.3d ___, 2005 WL 1620320 (3d Cir. July 12, 2005) (Pennsylvania conviction of "reckless burning or exploding," in violation of 18 Pa.C.S.A. 3301(d)(2), did not constitute a crime of violence under 18 U.S.C. 16(b), and was therefore not an aggravated felony crime of violence under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for purposes of removal, since the crime required only a reckless mens rea, and involved no risk that the defendant would intentionally use force in the commission of the crime).