Cisneros-Perez v. Gonzales, 451 F.3d 1053 (9th Cir. 2006) (court could not use dismissed counts, charging spousal abuse, to create an inference that the victim of the simple battery count of which the noncitizen was convicted was in a domestic relationship with the noncitizen defendant); Ruiz-Vidal v. Gonzales, 473 F.3d 1072 (9th Cir. 2007); Yousefi v. INS, 260 F.3d 318, 329-330 (4th Cir. 2001) (decision that assault with dangerous weapon constituted particularly serious crime reversed where immigration court had considered dismissed count in reaching its decision).