Choin v. Mukasey, 537 F.3d 1116 (9th Cir. Aug. 12, 2008) ("When the BIA advances its interpretation of an ambiguous statute in an unpublished decision, that interpretation is not entitled to Chevron deference. See Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1012 (9th Cir.2006). Unpublished BIA decisions are instead given Skidmore deference, entitling the interpretation to a respect proportional to its power to persuade. Garcia-Quintero, 455 F.3d at 1014; (applying the deference scheme laid out in Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).

United States v. Almazan-Becerra, 537 F.3d 1094 (9th Cir. Aug. 12, 2008) (California conviction for violation of Penal Code 11360(a) was properly found to be a drug trafficking offense for illegal re-entry purposes where police reports indicated that defendant had sold marijuana, and defendant agreed at the plea hearing that the police reports provided the factual basis for the plea).

NOTE: This issue was not raised or discussed in prior decision, United States v. Almazan-Becerra, 482 F.3d 1085, 1090 (9th Cir.2007).

United States v. Rabhan, 540 F.3d 344 (5th Cir. Aug. 11, 2008) (under federal criminal law, aiding and abetting is a form of derivative liability, and should be treated the same as the substantive or underlying offense).

In re James C., 165 Cal.App.4th 1198 (Aug. 11, 2008) (unreasonable and unconstitutional to condition probation on juvenile leaving the country and not returning).

Lopez-Rodriguez v. Mukasey, 536 F.3d 1012 (9th Cir. Aug. 8, 2008) (DHS violated Fourth Amendment right to search & seizure by entering noncitizens home without warrant or consent; failure to object does not amount to consent; resulting I-213 should have been suppressed), pet. reh. denied, 560 F.3d 1098 (9th Cir. Mar 27, 2009).

Lopez-Rodriguez v. Mukasey, 536 F.3d 1012 (9th Cir. Aug. 8, 2008) (DHS violated Fourth Amendment right to search & seizure by entering noncitizens home without warrant or consent; failure to object does not equate with consent; resulting I-213 should have been suppressed).

People v. Cross, 45 Cal.4th 58, 190 P.3d 706 (Aug. 28, 2008) (great bodily injury enhancement of sentence for committing a lewd act on a child under the age of 14, affirmed where pregnancy without medical complications is sufficient to find great bodily injury).

People v. Cross, 45 Cal.4th 58, 190 P.3d 706 (Aug. 28, 2008)(great bodily injury enhancement of sentence for committing a lewd act on a child under the age of 14, affirmed where pregnancy without medical complications is sufficient to find great bodily injury).

People v. Cross, 45 Cal.4th 58, 190 P.3d 706 (Aug. 28, 2008) (great bodily injury enhancement of sentence for committing a lewd act on a child under the age of 14, affirmed where pregnancy without medical complications is sufficient to find great bodily injury).

Pinto-Montoya v. Mukasey, 540 F.3d 126 (2d Cir. Aug. 26, 2008) ("We conclude that petitioners' contact with immigration officials at the airport was not a seizure
within the meaning of the Fourth Amendment because no force, threat of force, or other assertion of authority was used by the officials. Because petitioners were not seized, the statements obtained from petitioners by the immigration officials were properly admitted.").