United States v. Gonzalez-Terrazas, 529 F.3d 293 (5th Cir. May 22, 2008) (California conviction for burglary, in violation of Penal Code 459, was not a "burglary of a dwelling" for illegal re-entry sentencing purposes because the California statute may be committed without an "unlawful or unprivileged" entry), following United States v. Ortega-Gonzaga, 490 F.3d 393 (5th Cir.2007).

United States v. Gonzalez-Terrazas, 529 F.3d 293 (5th Cir. May 22, 2008) (court may not look to language in charge, that defendant committed burglary "willfully and unlawfully" to determine whether the California burglary conviction fits within they Taylor generic definition of burglary where an "unlawful" entry into the building is not an element of the crime of conviction; because the California burglary statute is not divisible, there was no need to look to the record of conviction), following United States v. Ortega-Gonzaga, 490 F.3d 393 (5th Cir.2007).

United States v. Gonzalez-Terrazas, 529 F.3d 293 (5th Cir. May 22, 2008) (court may not look to language in charge, that defendant committed burglary "willfully and unlawfully" to determine whether the California burglary conviction fits within they Taylor generic definition of burglary where an "unlawful" entry into the building is not an element of the crime of conviction; because the California burglary statute is not divisible, there was no need to look to the record of conviction), following United States v. Ortega-Gonzaga, 490 F.3d 393 (5th Cir.2007).

Mandujano-Real v. Mukasey, 526 F.3d 585 (9th Cir. May 22, 2008) (Oregon conviction of identity theft, under Oregon Revised Statute 165.800, did not categorically qualify as an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for purposes of removal, because use of a false identity does not deprive anyone of "ownership" and the statute punishes use of another persons identity even if that the use was with consent).

Mandujano-Real v. Mukasey, 526 F.3d 585 (9th Cir. May 22, 2008) ("The Government does not argue, nor could it, that the IJ's reliance on Mandujano-Real's concession would suffice as a basis for removal if the BIA or the court were to determine that his conviction does not, as a matter of law, constitute an aggravated felony."), following Garcia-Lopez v. Ashcroft, 334 F.3d 840, 844 n.4 (9th Cir. 2003) (explaining that an alien's "belief about the nature of his offense is irrelevant to the purely legal question of how the offense was categorized....

Mandujano-Real v. Mukasey, 526 F.3d 585 (9th Cir. May 22, 2008) ("The only question before us is, therefore, whether as a matter of law Mandujano-Real's identity theft conviction constitutes an aggravated felony theft offense. The answer to this question lies in the interpretation of an Oregon criminal statute: this is a matter that is not committed to the BIA's expertise. Accordingly, we owe no deference to the BIA's resolution of this question on appeal."), citing Fernandez-Ruiz v. Gonzales, 466 F.3d 1121, 1133 (9th Cir.

Sandoval-Luna v. Mukasey, 526 F.3d 1243 (9th Cir. May 22, 2008) (circuit court has jurisdiction to review an IJ's decision to deny petitioner's motion for a continuance for abuse of discretion, due process and equal protection violations).

United States v. Desantiago-Esquivel, 526 F.3d 398 (8th Cir. May 22, 2008) (federal alternative sentence, for conviction of conspiracy to distribute 50 grams or more of methamphetamine, of 36 months in prison if defendant stipulated to removal, and 99 months in prison, if she did not, was held procedurally unreasonable, since 18 U.S.C. 3551(b) does not authorize imposition of alternative sentences: " District courts imposed alternative sentences only after Blakely in the event that the Guidelines were found unconstitutional. See United States v. White, 439 F.3d 433, 434-35 (8th Cir.

United States v. Vasquez-Landaver, 527 F.3d 798 (9th Cir. May 21, 2008) (because defendant failed to make a prima facie showing of an immediate threat, the district court properly prevented him from introducing any evidence on a duress defense and properly declined to instruct the jury on that defense).

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("If that language constitutes a plain expression of congressional intent, it must be given effect. See Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., supra, at 842-43. When Congress's intent is not plainly expressed, however, it is our duty to resolve any ambiguities and fill any statutory gaps in a reasonable manner, at least insofar as they pertain to portions of the statute that fall within the scope of our expertise. INS v. Aguirre-Aguirre, 526 U.S.