Crespo v. Holder, 631 F.3d 130 (4th Cir. Jan. 11, 2011) (Virginia adjudication in 1997 under Virginia Code 18.2"251 for possession of marijuana did not qualify as a conviction under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), because Crespo entered a plea of not guilty and did not admit sufficient facts to warrant a finding of guilt; the adjudication therefore did not disqualify respondent from elgibility for a waiver of inadmissibility under INA 212(h)).

Hosh v. Lucero, 680 F.3d 375 (4th Cir. May 25, 2012) (BIA determination that noncitizen may be subject to mandatory detention despite not having been detained immediately upon release from state custody is a permissible construction of 8 U.S.C. 1226(c)).

United States v. Amer, 681 F.3d 211 (5th Cir. May 9, 2012) (Padilla announced a new rule within the meaning of Teague, and therefore does not apply retroactively to convictions that were final before Padilla was decided).

United States v. Esparza-Perez, 681 F.3d 228 (5th Cir. May 14, 2012) (Arkansas conviction of aggravated assault [[e]ngag[ing] in conduct that creates a substantial danger of death or serious physical injury to another person.] is not a crime of violence under the residual clause of USSG 2L1.2, because the statute does not require any contact or injury or attempt or threat of offensive contact or injury, thus did not have as an element "the use, attempted use, or threatened use of physical force against the person of another).

Sarmiento v. Holder, 680 F.3d 799 (7th Cir. May 21, 2012) (filing motion to reconsider does not toll 90-day deadline to file motion to reopen).

Popescu-Mateffy v. Holder, 678 F.3d 612 (8th Cir. May 2, 2012) (per curiam) (rejecting claim that a South Dakota possession-of-drug-paraphernalia offense relates to a single offen[s]e of 30 grams or less of marijuana[,] making him eligible for ... waiver relief pursuant to 212(h) of the INA.), following Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009).

Popescu-Mateffy v. Holder, 678 F.3d 612 (8th Cir. May 2, 2012) (per curiam) (rejecting claim that a South Dakota possession-of-drug-paraphernalia offense relates to a single offen[s]e of 30 grams or less of marijuana[,] making him eligible for ... waiver relief pursuant to 212(h) of the INA.), following Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009).

Bobadilla v. Holder, 679 F.3d 1052 (8th Cir. May 29, 2012) (BIA failed to apply "reasonable probability" test under Matter of Silva-Trevino to determine whether Minnesota conviction of giving a false name to a peace officer in violation of Minn. Stat. 609.506, Subd. 1, is a crime involving moral turpitude).

Rivas v. Napolitano, 677 F.3d 849 (9th Cir. Apr. 25, 2012) ("Federal courts are generally without power to review the actions of consular officials. Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970, 971 (9th Cir.1986). However, at least two exceptions to this rule exist. First, a court has jurisdiction to review a consular official's actions 'when [the] suit challenges the authority of the consul to take or fail to take an action as opposed to a decision within the consul's discretion.' Patel v. Reno, 134 F.3d 929, 931"32 (9th Cir.1997).

Detrich v. Ryan, 677 F.3d 958 (9th Cir. May 2, 2012) (counsel's deficient performance prejudiced the defense, since there was a reasonable probability that the sentencing judge would have imposed a sentence less than death had sentencing counsel obtained and presented an expert evaluation of the defendant's neuropsychological functioning).