United States v. Ailon-Ailon, 875 F.3d 1334 (10th Cir. Nov. 22, 2017) (defendant facing federal prosecution for illegal reentry, and also subject to an ICE detainer, could not be denied pretrial release solely due to the risk that ICE would remove him before his criminal trial).

Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. Oct. 6, 2017) (neither the INA nor the regulations explicitly limit powers of Immigration Judges to conduct only actions the Attorney General has specifically delegated; Immigration Judges may exercise all the Attorney Generals powers over immigration, including granting a temporary waiver of inadmissibility under INA 212(d)(3) to allow a noncitizen to pursue a U-Visa), reaffirming L.D.G. v. Holder, 744 F.3d 1022
(7th Cir. 2014), and overruling Matter of Khan, 26 I. & N. Dec. 797 (2016).

Matter of Pagan-Sis 27 I&N Dec. 130 (BIA 2017) (noncitizen seeking waiver under INA 212(a)(6)(A)(ii) must satisfy all three subclauses of that section, including the requirement that the noncitizen be a VAWA self-petitioner).

Lowe v. Sessions, 872 F.3d 713 (5th Cir. Oct. 5, 2017) (noncitizen waived claim of ineffective assistance of counsel by failing to brief the issue on appeal to the BIA).

Garcia v. Sessions, __ F.3d __ (7th Cir. Oct. 11, 2017) (noncitizen subject to reinstatement of removal is barred by INA 241(a)(5) from applying for asylum).

Asentic v. Sessions, 873 F.3d 974 (7th Cir. Oct. 17, 2017) (court lacks jurisdiction to review discretionary denial of fraud waiver under INA 237(a)(1)(H)).

(Illinois conviction for being in possession of a weapon in violation of 720 ILCS 5/24"1.1(a) did not qualify as an aggravated felony, because Illinoiss definition of a firearm is broader than its federal counterpart because it includes pneumatic weapons).

NOTE: Compressed air is not an explosive, which means that pneumatic weapons are not firearms under federal law. See, e.g., United States v. Castillo-Rivera, 853 F.3d 218, 225 (5th Cir. 2017) (en banc); United States v. Crooker, 608 F.3d 94, 96 (1st Cir. 2010).
Rodriguez-Contreras v. Sessions, 873 F.3d 579, 580 (Cir. 2017).

(the term rape in the aggravated felony definition, INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight, and also requires that the underlying act be committed without consent; lack of consent includes where the victims ability to appraise the nature of the conduct was substantially impaired and the offender had a culpable mental state as to such impairment).

NOTE: The BIA suggested, but did not hold, that lack of consent may include inability to consent due to age.

Villegas-Sarabia v. Sessions, 874 F.3d 871 (5th Cir. Oct. 31, 2017) (federal conviction of misprision of a felony, in violation of 18 U.S.C. 4 ((1) knowledge that a felony was committed; (2) failure to notify the authorities of the felony; and (3) an affirmative step to conceal the felony."), was a crime against moral turpitude, because misprision of a felony required an intentional act of deceit); following Patel v. Mukasey, 526 F.3d 800 (5th Cir. April 29, 2008); Itani v. Ashcroft, 298 F.3d 1213, 1216 (11th Cir.

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) (Immigration Judge lacks authority to terminate removal proceedings to give an arriving alien an opportunity to present an affirmative asylum claim to DHS).