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).

United States v. Duncan, ___ F.Supp.3d ___, 2005 U.S. Dist. LEXIS 24292 (D.Conn.

United States v. Karaouni, 379 F.3d 1139 (9th Cir. Aug. 24, 2004) ("There are three essential elements of a 911 violation. The government had the burden of proving beyond a reasonable doubt that: (1) Karaouni made a false claim of U.S. citizenship; (2) his misrepresentation was willful (i.e. voluntary and deliberate); and (3) it was conveyed to someone with good reason to inquire into his citizenship status. United States v. Romero-Avila, 210 F.3d 1017, 1020-21 (9th Cir.2000); Chow Bing Kew v. United States, 248 F.2d 466, 469 (9th Cir.1957).

United States v. Karaouni, 379 F.3d 1139 (9th Cir. Aug. 24, 2004) (federal conviction of violating 18 U.S.C. 911 reversed, since, by checking box on an INS I-9 Employment Eligibility Verification Form next to the following printed statement: "I attest, under penalty of perjury, that I am ...

Answering "Yes" to the question, "Were you born in the U.S.?" is not the equivalent of making a false claim to United States citizenship. This is a defense to a criminal charge of making a false claim to U.S. citizenship. 8 U.S.C. 911. A person could be born in the United States and subsequently renounce citizenship or be expatriated. A child of a diplomat can be born in the United States, yet not be a citizen of the United States. Thanks to Barbara Hines for this information.

Matter of Leon-Ruiz, 21 I. & N. Dec. 154 (BIA Jan. 3, 1996) (availability of post-conviction collateral attack does not affect the finality of the conviction for immigration purposes, unless and until the conviction has been overturned pursuant to such a motion). See Okabe v. INS, 671 F.2d 863, 865 (5th Cir.1982); Aguilera-Enriquez v. INS, 516 F.2d 565, 570 (6th Cir.1975), cert. denied, 423 U.S. 1050 (1976); Matter of Gabryelsky, Interim Decision 3213, at 3-4 (BIA 1993); Matter of Adetiba, Interim Decision 3177, at 4-5 (BIA 1992).

Matter of Polanco, 20 I. & N. Dec. 894 (BIA Oct. 21, 1994) (noncitizen who has waived or exhausted the right to a direct appeal of a conviction is subject to deportation, and the potential for discretionary review on direct appeal will not prevent the conviction from being considered final for immigration purposes).

Matter of Chairz-Castaneda, 21 I. & N. Dec. 44 (BIA April 28, 1995) (right to appeal such issues as whether a violation of probation has occurred or the sentence imposed upon entry of judgment was correct will not prevent a finding of a final conviction for immigration purposes; to disturb finality, issues on appeal must relate to the issue of "guilt or innocence of the original charge.").

United States v. Orellana, ___ F.3d ___ , 2005 U.S. App. LEXIS 5436 (5th Cir. April 5, 2005) ("Because we conclude that it is uncertain whether Congress intended to criminalize the possession of firearms by aliens in receipt of lawful temporary protected status, we apply the rule of lenity and reverse.").