Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (court of appeal lacked jurisdiction to review BIA determination whether particular offense constituted "particularly serious crime"), following Matsuk v. INS, 247 F.3d 999, 1002 (9th Cir. 2001) (particularly serious crime determination by BIA is discretionary, with no governing statutory standards, and so unreviewable by court of appeals); Ali v. Achim, 468 F.3d 462, 468 (7th Cir. 2006), cert. granted, ___ U.S. ___, 128 S.Ct. 29, 168 L.Ed.2d 806, cert. dismissed, ___ U.S. ___, 128 S.Ct. 828, 169 L.Ed.2d 624 (2007) (same); Tunis v.

Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008) (district court lacked jurisdiction to review the propriety of pending removal proceedings; pendency proceedings precluded plaintiff from stating a present claim for naturalization).

Matter of Andres Armendarez-Mendez, 24 I&N Dec. 646 (BIA 2008) (pursuant to 8 C.F.R. 1003.2(d) (2008), BIA lacks authority to reopen removal, deportation, or exclusion proceedings - whether on motion of noncitizen or sua sponte - if the noncitizen has departed the United States after those administrative proceedings have been completed).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3626.pdf

Garcia v. Atty Gen. of U.S., 545 F.3d 252 (3d Cir. Oct. 28, 2008) (five-year statute of limitations period for Attorney General to rescind a noncitizens adjustment of status on ground that noncitizen was ineligible for such adjustment, under 8 U.S.C. 1256(a), also bars DHS from charging deportability because she was inadmissible at time of entry or adjustment of status under INA 212(a)(7)(A)(i)(I), after a five year period).

Malik v. Mukasey, 546 F.3d 890 (7th Cir. Oct. 23, 2008) (court lacked jurisdiction to review IJ decision that granting continuance would be futile).

"An estimated 139,000 immigrants from eight countries China, Eritrea, Ethiopia, India, Iran, Jamaica, Laos and Vietnam have been ordered removed from the U.S. but have not been deported because of prolonged delays or refusals by foreign governments to issue the required travel documents." San Antonio Express-News, Oct 13, 2008. http://www.mysanantonio.com/news/state/30873504.html

United States v. Hope, 545 F.3d 293 (5th Cir. Oct. 8, 2008) (defendant's possession of the same gun when arrested and on the previous day in a robbery, absent evidence that the possession was interrupted, did not constitute two separate violations of the felon-in-possession statute).

United States v. Constante, 544 F.3d 584 (5th Cir. Oct. 6, 2008) (Texas conviction for burglary, in violation of Texas Penal Code 30.02(a)(3) [enters a building or habitation and commits or attempts to commit a felony, theft, or an assault] did not constitute a crime of violence for ACCA purposes where statute of conviction does not require specific intent).

Castaneda v. United States, 546 F.3d 682 (9th Cir. Oct. 2, 2008) (allowing family to sue DHS for death of immigration detainee; "To describe the allegations in the complaint as averring mere "malpractice" is to miss the point. Castaneda was not a walk-in patient at Defendants clinic; neither are Defendants merely alleged to have misread a chart or fumbled a scalpel. The ordinary doctor, no matter how careless, does not hold her patients under lock and key, affirmatively preventing them from receiving the medical care they need and demand.

United States v. Phillips, 543 F.3d 1197 (10th Cir. Oct. 1, 2008) (federal convictions for willingly making a false statement to a federal agency and immigration fraud, in violation of 18 U.S.C. 1546(a), affirmed in part and reversed in part where defendants' conduct did not fall within the plain language of the 1546(a), but claim of insufficient evidence was rejected).