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.

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("Our analysis is further influenced by the presumption that the Federal immigration laws are intended to have uniform nationwide application and to implement a unitary Federal policy. Kahn v. INS, 36 F.3d 1412, 1414 (9th Cir. 1994) (citing Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 43-44 (1989)).

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("Furthermore, when Congress enacted section 350(a) of the IIRIRA in 1996, different variations of the "categorical" approach had been applied in immigration proceedings for more than 80 years, and we must presume that Congress was familiar with that fact when it made deportability under section 237(a)(2)(E)(i) depend on a "conviction." Lorillard v. Pons, 434 U.S. 575, 580-81 (1978). Had Congress wished to predicate deportability on an alien's actual conduct, it would have been a simple enough matter to have done so.

Cf. Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("Furthermore, when Congress enacted section 350(a) of the IIRIRA in 1996, different variations of the "categorical" approach had been applied in immigration proceedings for more than 80 years, and we must presume that Congress was familiar with that fact when it made deportability under section 237(a)(2)(E)(i) depend on a "conviction." Lorillard v. Pons, 434 U.S. 575, 580-81 (1978). Had Congress wished to predicate deportability on an alien's actual conduct, it would have been a simple enough matter to have done so.

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("Significantly, Congress chose to define "crime of domestic violence" at considerable length, specifically cross-referencing one Federal criminal statute, 18 U.S.C. 16, and incorporating by reference a host of other laws (State, Federal, tribal, or local) that define the legal scope of domestic relationships. Yet the statute's other operative terms, including "crime of child abuse," were left undefined, triggering the negative inference that Congress deliberately left them open to interpretation."), citing INS v.

Channer v. DHS Secretary, 527 F.3d 275 (2d Cir. May 30, 2008) (res judicata does not bar DHS from relitigating removal based on a claim which could have been raised in his previous removal proceeding where second removal proceeding did not involve the same claim or nucleus of operative fact as the first).

United States v. Chavarria-Brito, 526 F.3d 1184 (8th Cir. May 29, 2008) ("The mere fact that a state labels a crime as forgery does not control whether his crime is actually related to forgery [under federal law]."), citing Taylor v. United States, 495 U.S. 575, 590-591, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990).

United States v. Chavarria-Brito, 526 F.3d 1184 (8th Cir. May 29, 2008) ("The words "relating to" make it apparent that many crimes that are not specifically listed in 8 U.S.C. 1101(a)(43)(R) will constitute an aggravated felony as long as they are related to the crimes listed."), citing Morales v. Trans World Airlines, Inc., 504 U.S. 374, 383-84, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992); Richards v. Ashcroft, 400 F.3d 125, 129 (2d Cir. 2005).

United States v. Chavarria-Brito, 526 F.3d 1184 (8th Cir. May 29, 2008) (Iowa conviction for possession of false document required to legally enter, remain, or work in this country with intent to perpetrate fraud or with knowledge that possession was facilitating fraud, in violation of Iowa Code 715A.2(1)(d) and 715A.2(2)(a)(4), was an "offense related to forgery" aggravated felony under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R), for purposes of imposing an eight-level sentencing enhancement under USSG 2L1.2(b)(1)(C) for illegal reentry after deportation).

Arca-Pineda v. Att'y Gen., 527 F.3d 101 (3d Cir. May 28, 2008) (retroactive application of the stop-time rule did not violate due process).