United States v. Hernandez-Hernandez, ___ F.3d ___, ___ n.5, 2005 WL 3440815 (9th Cir. Dec. 16, 2005) (California conviction of felony false imprisonment, in violation of Penal Code 236, constitutes a divisible statute, encompassing some offenses that constitute crimes of violence within the meaning of U.S.S.G.

Matter of Mena, 17 I. & N. Dec. 38, Interim Decision (BIA) 2719, 1979 WL 44360 (BIA July 12, 1979) (transcript from court proceedings which resulted in conviction for possession of controlled substances at which the respondent, under questioning by judge as part of the arraignment prior to acceptance of a guilty plea, admitted possession of heroin, with knowledge that the substance was heroin, can be considered as part of the "record of conviction."). Matter of Paulus, 11 I & N Dec. 274 (BIA 1965), and Matter of Cassisi, 10 I & N. Dec. 136 (BIA 1963), distinguished.

Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) (where guilty plea agrees that certification for determination of probable cause will be reviewed by the court in determining whether there is a factual basis for the plea and in sentencing, the document is included within the record of conviction for purpose of enabling the immigration court to consider the facts recited within it in determining the elements of the offense to which the defendant engtered a guilty plea, in assessing the immigration consequences).

Parrilla v. Gonzales, ___ F.3d ___, 2005 WL 1606506 (9th Cir. July 11, 2005) ("Although police reports and complaint applications, standing alone, may not be used to enhance a sentence following a criminal conviction, Shepard, 125 S.Ct. at 1257, 1259-60, the contents of these documents may be considered if specifically incorporated into the guilty plea or admitted by a defendant. United States v.

Omari v. Gonzales, __ F.3d __, 2005 WL 1714364 (5th Cir. July 25, 2005) ("Reference in the indictment to "stolen, converted and fraudulently obtained property," as opposed to "stolen, converted or taken by fraud," as recited in the statute does not mean that Omari was necessarily convicted of transferring fraudulently obtained property.

Atty General, ___ F.3d ___, 2005 WL 3454321 (11th Cir. Dec. 19, 2005) (in determining the nature of a conviction for immigration purposes, the court may look only to the record of conviction of that specific offense, and not to the record of a separate offense of which the defendant was convicted), citing Matter of Short, 20 I. &. N. Dec.

United States v. Hernandez-Hernandez, ___ F.3d ___ (9th Cir. Dec. 16, 2005) (stipulated factual basis taken from defendant's California Penal Code 995 motion could be used by federal court to find that false imprisonment conviction involved violence; reliance on stipulated facts does not violate Taylor v. United States, 495 U.S. 575, 601-02 (1990) (sentencing court may not inquire into facts underlying prior conviction) because the stipulation was tantamount to a plea agreement, which may be used to establish facts).

Abdelqadar v. Gonzales, ___ F.3d ___, 2005 WL 1540245 (7th Cir. July 1, 2005) (affirming BIA conclusion that two convictions for violating 720 ILCS 5/17B-5 by illegally purchasing food stamps were not committed as part of a single scheme of criminal misconduct since the acts were distinct and neither offense caused the other).

United States v. Karaouni, 379 F.3d 1139 (9th Cir. Aug. 24, 2004) ("Karaouni contends that no rational trier of fact could find beyond a reasonable doubt that his verification of the printed statement on the I-9 Form constituted a violation of 911 because the printed statement was phrased in the disjunctive. See Prince v. Jacoby, 303 F.3d 1074, 1080-81 (9th Cir.2002) (explaining that the use of the disjunctive "or" suggests that terms in a sequence should not be interpreted as synonyms).

Matter of Brown, 18 I. & N. Dec. 324 (BIA 1988) (LPR respondent was convicted of poss.