Matter of Valenzuela Gallardo, 25 I&N Dec. 838, 842 (BIA 2012) (California conviction of accessory after the fact, in violation of Penal Code 32, with a sentence of 16 months imprisonment, is a conviction for an aggravated felony under INA 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S) because it include[s] the element of an affirmative and intentional attempt, motivated by a specific intent, to interfere with the process of justice), quoting Matter of Espinoza, 22 I&N Dec. 889, 894 (BIA 1999); disagreeing with Trung Thanh Hoang v. Holder, 641 F.3d 1157, 1164 (9th Cir.

Campbell v. Holder, 698 F.3d 29, *31 (1st Cir. Oct. 19, 2012) (Connecticut conviction of risk of injury to a minor under of the Connecticut General Statutes 53"21(a)(1) (penalizing [a]ny person who ...

Campbell v. Holder, 698 F.3d 29, 33-34 (1st Cir. Oct. 19, 2012) (First Circuit acknowledged BIA decision not to follow strict categorical analysis in immigration cases, but held Supreme Court clearly required it anyway, even in sexual abuse of a minor case).

The court stated:

Although the BIA has said that the Taylor"Shepard approach need not be applied with the same rigor in the immigration context as in the criminal arena,In re Lanferman, 25 I. & N. Dec. 721, 727"28 (B.I.A. 2012), the Supreme Court's decision in Nijhawan v. Holder, 557 U.S.

James v. Holder, 698 F.3d 24, *27 (1st Cir. Oct. 19, 2012) (Any controlled substance within the meaning of INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), is also automatically a controlled substance under the Connecticut statute. Conn. Gen.Stat. Ann. 21a"243(g); cf. 18 U.S.C. 924(c)(2); 21 U.S.C. 812. Although the state can choose to make other drugs subject to its statute, see Conn. Gen.Stat. Ann. 21a"243(c), James does not argue that it has in fact done so, cf. Gonzales v. Duenas"Alvarez, 549 U.S. 183, 193 (2007), nor have we found any evidence that it has done so.).

James v. Holder, 698 F.3d 24, *27 (1st Cir. Oct. 19, 2012) (The more difficult issue is whether James' conviction under section 21a"277(b) was for an offense that would also comprise trafficking"which is true of some but not necessarily all of the subordinate offenses listed in the Connecticut statute. The INA (through a series of cross-references) defines illicit trafficking to include the manufacture, distribution and dispensing of a controlled substance, as well as possession with intent to do any of these; INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), cf.18 U.S.C. 924(c)(2); 21 U.S.C.

James v. Holder, 698 F.3d 24, *28 (1st Cir. Oct. 19, 2012) (Whether Shepard's reference to the records of the convicting court, 544 U.S. at 23, excludes records of an appeals court decision in the same case is an unresolved question. A Ninth Circuit decision may have thought that it did, Morales v. Gonzales, 478 F.3d 972, 983 (9th Cir.2007), but Morales relied on BIA precedents and the BIA subsequently said Morales misread those precedents. See In re N"A"M", 24 I. & N. Dec. 336, 344 (B.I.A .2007).).

Sheikh v. Holder, 696 F.3d 147 (1st Cir. 2012) (the prospect of comprehensive immigration reform was a speculative event that was insufficient to justify a continuance).

Fuller v. BIA, ___ F.3d ___, ___, 2012 WL 4875696 (2d Cir. Oct. 16, 2012) (petition for review is moot because the court can provide no effective relief from a removal order that has been vacated and replaced by an order that relies on materially different reasoning).

United States v. Kouevi, 698 F.3d 126 (3d Cir. Oct. 24, 2012) (18 U.S.C. 1546(a), includes visa fraud involving authentic immigration documents obtained by fraud).

United States v. Vargas-Soto, 700 F.3d 180 (5th Cir. Oct. 24, 2012) (Texas conviction for evading arrest using a motor vehicle, in violation of Tex. Penal Code Ann. 38.04(b)(1), qualified as an aggravated felony crime of violence); following United States v. Sanchez"Ledezma, 630 F.3d 447, 451 (5th Cir. 2011) (same), cert. denied, ___ U.S. ___, 131 S.Ct. 3024, 180 L.Ed.2d 851 (2011).