Immigration authorities generally cite Matter of Ajami, 22 I&N Dec. 949 (BIA 1999) (Michigan conviction for aggravated stalking, in violation of M.C.L.A. 750.411i is a crime involving moral turpitude), for the proposition that threatening another is a CMT. Ajami may be not be the end of the issue, however, since that case involved a pattern of behavior, rather than a single instance of issuing a threat. Depending upon the statute at issue, the conviction may not involve an intent to carry out the threat or the intent that the threat was believed.

United States v. Kasenge, 660 F.3d 537 (1st Cir. Nov. 2, 2011) (federal offense of aggravated identity theft, in violation of 18 U.S.C. 1028A, does not require theft, or any other illicit method of procurement, of the means of identification).

Matos-Santana v. Holder, 660 F.3d 91, 2011 WL 5176795 (1st Cir. Nov. 2, 2011) (Court of Appeals lacked jurisdiction to review claim that BIA abused its discretion in not sua sponte entertaining his untimely motion to reopen).

De Vega v. Gonzales, 503 F.3d 45, 47 (1st Cir. 2007) (alien admitted to facts sufficient for a finding of guilt and court issued a continuance without a finding of guilt, contingent on payment of restitution, which constituted punishment, and the disposition therefore constituted a conviction under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)).

NOTE: This case is very poorly reasoned.

Aguilar v. Attorney General of the U.S., ___ F.3d ___, 2011 WL 5925141 (3d Cir. Nov. 29, 2011) (Pennsylvania conviction of sexual assault, under 18 Pa. Cons.Stat. 3124.1, constituted a crime of violence under 18 U.S.C. 16(b), and was therefore an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), even though the offense has a minimum mens rea of recklessness; because sexual assault raises a substantial risk that the perpetrator will intentionally use force in furtherance of the offense, we agree with the BIA that it constitutes a crime of violence under 16(b).).

Abulashvili v. Attorney General of the US, ___ F.3d ___, 2011 WL 5529827 (3d Cir. Nov. 15, 2011) (Immigration Judge violated petitioners' due process rights by completely taking over cross-examination from government's counsel, and thereby ceased functioning as a neutral arbiter).

United States v. Orocio, 645 F.3d 630, No. 10-1231, 2011 WL 2557232, at *7 (3d. Cir. June 29, 2011); Amer v. United States, No. 1:06CR118-GHD, 2011 WL 2160553, at *3 (N.D. Miss. May 31, 2011); United States v. Chavarria, Nos. 2:10-CV-191 JVB, 2:08- CR-192, 2011 WL 1336565, at *2-3 (N.D. Ind. Apr. 7, 2011); Marroquin v. United States, No. M-10-156, 2011 WL 488985, at *6 (S.D. Tex. Feb. 4, 2011); United States v. Zhong Lin, No. 3:07-CR-44-H, 2011 WL 197206, at *2-3 (W.D. Ky. Jan. 20, 2011); Luna v. United States, No. 10CV1659 JLS, 2010 WL 4868062, at *3-4 (S.D. Cal. Nov. 23, 2010); Martin v.

United States v. Guijon-Ortiz, 660 F.3d 757 (4th Cir. Nov. 10, 2011) (No. 10-4518) (motion to suppress denied where detention time it took to verify fraudulent alien registration card did not constitute an unconstitutional seizure).

Yanez-Popp v. INS, 998 F.2d 231 (4th Cir.1993) (Maryland court's granting of probation without judgment, in which a plea of guilty is entered and then stricken during imposition of probation at sentence, constituted a conviction within the meaning of the immigration laws); see INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A).

Moncrieffe v. Holder, ___ F.3d ___, ___, 2011 WL 5343694 (5th Cir. Nov. 8, 2011) (Georgia conviction of possession of marijuana with intent to distribute, in violation of Ga. Code 16"13"30(j), which includes specifically, distribution of a small amount of marijuana for no remuneration, was nonetheless a drug-trafficking aggravated felony, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B); Moncrieffe bore the burden to prove that he was convicted of only misdemeanor conduct.); see United States v. Walker, 302 F.3d 322, 324 (5th Cir.