The rule of lenity applies in criminal proceedings, while the "rule of narrow construction" applies in immigration proceedings. Each relates to construction of statutory provisions, and applies at different stages of the proceedings.
See Benefit of the Lori Rosenberg, Doubt: The Survival of the Principle of Narrow Construction and its Current Applications, 8 BENDER'S IMMIGR. BULL. 1553 (Oct. 1, 2003).

United States v. David H., 29 F.3d 489, 494 (9th Cir. 1994) (California conviction of robbery, in violation of Penal Code 211, constitutes a crime of violence under 18 U.S.C. 5032, which dictates when juvenile offenders may be transferred to adult status, relying on "crime of violence" definition contained in 18 U.S.C. 16(b), although 5032 contained no definition of "crime of violence" of its own), citing United States v. Baker, 10 F.3d 1374, 1393-94 (9th Cir. 1993).

No "admission of guilt" was required under this domestic violence no-plea diversion statute. Penal Code 1001.6(c). It was enacted by Stats. 1979, c. 913, p. 3141, 1, last amended by Stats. 1993, c. 221, 1, and repealed in 1995, repeal effective Jan. 1, 1996.

United States v. Servin-Acosta, 534 F.3d 1362 (10th Cir. Jul. 30, 2008) (California conviction for robbery, in violation of Penal Code 211, is not categorically a generic "robbery" offense, and thus a crime of violence, under USSG 2L1.2(b), for illegal re-entry sentencing purposes; Penal Code 211 is broader than generic robbery in that it includes the use of force in escaping after the taking has occurred), agreeing with United States v. Becerril-Lopez, 528 F.3d 1133, 1140-42 (9th Cir. 2008).

The Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (Jul. 30, 2008) removes the statutory bar, formerly at INA 212(a)(1)(A)(i), 8 U.S.C. 1182(a)(1)(A)(i), to immigration and travel to the United States for individuals living with HIV/AIDS. However, HIV/AIDS remains on the Dept. of Health & Human Services lists of communicable diseases that must be waived to enter the United States.

Matter of EAG, 24 I. & N. Dec. 591 (BIA Jul. 30, 2008) (respondent failed to establish that he was a member of a particular social group of "persons resistant to gang membership," as the evidence failed to establish that members of
Honduran society, or even gang members themselves, would perceive those
opposed to gang membership as members of a social group).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3618.pdf

Matter of SEG, 24 I. & N. Dec. 579 (BIA Jul. 30, 2008) (neither Salvadoran youth who have been subjected to recruitment efforts by the MS-13 gang and who have rejected or resisted membership in the gang based on their own personal, moral, and religious opposition to the gang's values and activities nor their family members constitute a "particular social group.").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3617.pdf

Aguilar-Gonzales v. Mukasey, ___ F.3d ___ (9th Cir. Jul. 29, 2008) (granting petition for review of a denial of motion to terminate removal proceedings and immigration judge's finding that noncitizen was inadmissible for assisting in smuggling undocumented minors into the U.S. because mere presence and acquiescence in another's plan to smuggle noncitizens does not constitute alien smuggling under INA 212(a)(6)(E)(i), 8 U.S.C. 1182(a)(6)(E)(i)).

Casas-Castrillion is DETENTION. ACLU Practice Advisory on Casas-Castrillion v. DHS, 535 F.3d 942 (9th Cir. 2008).



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