Ribas v. Mukasey, 545 F.3d 922 (10th Cir. Nov. 4, 2008) (written warning on asylum application form was sufficient notice that filing frivolous asylum claim could result in lifetime bar from relief).

Santos-Sanchez v. United States, 548 F.3d 327 (5th Cir. Nov. 6, 2008) (jurisdiction to hear the coram nobis petition was properly vested in the district court, not the magistrate judge who sentenced petitioner; coram nobis exists to correct errors of the most fundamental character, and will only correct errors resulting in a complete miscarriage of justice).

Santos-Sanchez v. United States, 548 F.3d 327 (5th Cir. Nov. 6, 2008) (warning that deportation was possible when deportation was, in fact, almost certain did not equal affirmative misadvise).

Santos-Sanchez v. United States, 548 F.3d 327 (5th Cir. Nov. 6, 2008) (failure of magistrate judge to inform petitioner at plea of the immigration consequences of a guilty plea did not make the plea involuntary).

Hernandez-Carrera v. Carlson, 547 F.3d 1237 (10th Cir. Nov. 12, 2008) ("This case requires us to determine whether an agency interpretation ordinarily owed deference under the framework established in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is foreclosed by a prior Supreme Court construction of the statute applying the canon of constitutional avoidance. We conclude that under the principles outlined in National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S.

Flores-Torres v. Mukasey, 548 F.3d 708 (9th Cir. Nov. 10, 2008) (INA 1252 does not preclude a district court from considering habeas petition claiming immigration detention is improper because petitioner is a United States citizen).

Alsol v. Mukasey, 548 F.3d 207 (2d Cir. Nov.

Kalilu v. Mukasey, 548 F.3d 1215 (9th Cir. Nov. 20, 2008) (remanding case to allow IJ/BIA to consider application of new standards for determining whether an asylum application was frivolous).

38 C.F.R. 1.218(a)(7) (2008) ("Entering property under the influence of any narcotic drug, hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage (unless prescribed by a physician) is prohibited. The use on property of any narcotic drug, hallucinogen, marijuana, barbiturate, or amphetamine (unless prescribed by a physician) is prohibited.

Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (Congress' statutory designation of certain aggravated felonies as per se "particularly serious" crimes did not preclude the Attorney General from deciding, on a case-by-case basis, that any other crime was also "particularly serious" so as to render noncitizen ineligible for withholding of removal).



NOTE: Judge Berzon wrote a lengthy and well-reasoned dissent, in which she reasons: