Nehad v. Mukasey, ___ F.3d ___, 2008 WL 2925201 (9th Cir. 2008) (respondent's counsel coerced concession of case by announcing that he would withdraw if petitioner did not accept an offer of voluntary departure, which impinged on petitioner's authority to decide whether, and on what terms, to concede his case, in violation of due process).

United States v. Jimenez, ___ F.3d ___, 2008 WL 2813046 (9th Cir. Jul. 23, 2008) (federal conviction for unlawful use of a communication facility, in violation of 21 U.S.C. 843(b), qualifies as "drug trafficking offenses" under USSG 2L1.2(b)(1)(A)(i)), following United States v. Orihuela, 320 F.3d 1302, 1305 (11th Cir. 2003).

New Jersey v. V.D. 951 A.2d 1088 (N.J. Super. A.D. Jul. 23, 2008) (court may not order defendant to report to ICE as condition of probation: "We therefore reverse that portion of the Judgment of Conviction that imposed as a special condition of defendant's probation that she contact ICE and notify it of her conviction.").

United States v. Godin, __ F.3d __, 2008 WL 2780646 (1st Cir. Jul. 18, 2008) ("[T]o obtain a conviction under 1028A(a) (1), the government must prove that the defendant knew that the means of identification transferred, possessed, or used during the commission of an enumerated felony belonged to another person."), following United States v. Villanueva-Sotelo, 515 F.3d 1234, 1236 (D.C.Cir.2008).

United States v. Singh, 532 F.3d 1053 (9th Cir. Jul. 17, 2008) (conviction for aiding and abetting alien smuggling, in violation of 8 U.S.C. 1324(a)(2)(B)(ii), affirmed where defendant transported noncitizens only within the United States, but evidence showed the defendant made arrangements, prior to the noncitizens crossing the border, to assist).

Grant v. US DHS, ___ F.3d ___, 2008 WL 2757042 (2d Cir. Jul. 17, 2008) (per curiam) (rejecting equal protection challenge to the constitutionality of 8 U.S.C. 1432 (a) (1994), which provided that an alien born out of wedlock could obtain derivative citizenship based on the naturalization of his or her mother before the alien turned eighteen but could not obtain derivative citizenship based on the naturalization of his or her father before the alien turned eighteen unless paternity had been established by legitimation).

United States v. Miranda-Lopez, 532 F.3d 1034 (9th Cir. Jul. 17, 2008) (aggravated identity theft, under 18 U.S.C. 1028A(a)(1), requires proof among other things that defendant knew the means of identification belonged to another person; it is not enough to prove only that the defendant knew he was using a false document).

Masih v. Mukasey, ___ F.3d ___, 2008 WL 2747462 (5th Cir. Jul. 16, 2008) (IJ and BIA abused discretion by denying motion for continuance where noncitizen eligible for adjustment of status was unable to adjust only because visas had become unavailable after application; BIA and IJ failed to consider OI 245.4(a)(6) in their rulings despite the regulation's applicability; and the BIA ignored precedent set in Matter of Ho).

Hashimi v. Mukasey, ___ F.3d ___ (8th Cir. Jul. 16, 2008) (substantial evidence supported IJ's determination not to credit petitioner's testimony that he intended merely to represent on an I-9 form that he was a non-citizen national, since evidence showed petitioner had presented himself as being born in Washington state and thus able to work in the United States).

Al-Marri v. Pucciarelli, ___ F.3d ___, 2008 WL 2736787 (4th Cir. Jul. 15, 2008) (en banc) (per curiam) (petitioner had not been afforded sufficient process to challenge his designation as an enemy combatant).