From the FPD Sentencing Resource Project:
The Sentencing Resource Project has not yet completed a paper deconstructing 2L1.2 (Illegal Reentry), but here is a brief passage regarding the Commissions policy and practice relating to departure rates and public comment that may be useful to you to show that the guideline is not based on past practice or empirical evidence and results in sentences that are greater than necessary to achieve the purposes of 3553(a).

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Counsel can argue that a timely retraction at first opportunity of false claim to U.S. Citizenship and other fraudulent claims may cure visa fraud. 9 FAM 40.63 N. 4.6; Matter of M, 9 I. & N. Dec. 118 (BIA 1960); Matter of RR, 3 I. & N. 823 (BIA 1949). Thanks to Andres C. Benach.

Matter of S&BC, 9 I. & N. Dec. 436, 447 (BIA 1960; A.G. 1961) ("The test of materiality which in my judgment will best effectuate the objectives of the Act is the following: A misrepresentation made in connection with an application for visa or other documents, or with entry into the United States, is material if either (1) the alien is excludable on the true facts, or (2) the misrepresentation tends to shut off a line of inquiry which is relevant to the alien's eligibility and which might well have resulted in a proper determination that he be excluded.").

Cal Rules of Professional Conduct, Rule 3-110, provides that a "member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence." Therefore, a single instance of ineffective assistance of counsel that is not intentional or reckless cannot constitute grounds for discipline. See In re Torres (Rev. Dept. 2000) 4 Cal. State Bar Ct. Rptr 138, 149:

21 U.S.C. 812 delegates the authority to add, transfer or remove drugs on the five original schedules established by Congress, to the Attorney General and, "pursuant to Executive Order 1172," to the DEA. This delegation of authority was apparently upheld in United States v Davis 564 F.2d 840 (9th Cir 1977), cert. den. 434 U.S. 1015, 54 L.Ed. 760, 98 S.Ct. 733 (1977).
Thanks to Jonathan Moore.

New bill allows early release from state custody for removal:
HYPERLINK "http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1955v5.html" http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1955v5.html

Mitchell v. United States, 526 U.S. 314, 325, 328-30 (1999) (defendant cannot be compelled to admit facts beyond the elements of the offense and no adverse inference can be drawn from the defendant's silence regarding the offense).

HYPERLINK "http://www.ojp.usdoj.gov/bjs/" http://www.ojp.usdoj.gov/bjs/
Bureau of Justice Statics homepage.

The U.S. Attorney's office alone does not have the power to agree that the cooperator will not be deported. See 28 C.F.R. 0.197 ("The Immigration and Naturalization Service shall not be bound, in the exercise of its authority under the immigration laws, through plea agreements, cooperation agreements, or other agreements with or for the benefit of alien defendants, witnesses, or informants, or other aliens cooperating with the United States Government, except by the authorization of the Commissioner of the Service or the Commissioners delegate.

In a development of heightened relevance because of recent immigration raids and prosecutions, several courts of appeals have interpreted the aggravated identity theft statute, 18 U.S.C. 1028A.