Saravia-Paguada v. Gonzales, 488 F.3d 1122, 2007 WL 1462240 (9th Cir. May 21, 2007) (Toia v. Fasano, 334 F.3d 917 (9th Cir. 2003), which held that the five-year bar did not apply for convictions occurring prior to the effective date of IMMACT 90, only applies where the conviction arose out of a guilty plea; the five-year bar applies to a noncitizen convicted before IMMACT 90 by jury trial).

United States v. Rodarte-Vasquez, 488 F.3d 316 (5th Cir. May 23, 2007) ("one basis upon which a panel of this court can overrule a prior panel decision is if compelled "by controlling Supreme Court precedent". See Martin v. Medtronic, Inc., 254 F.3d 573, 577 (5th Cir.2001) (quotation and citation omitted).").

United States v. Rodarte-Vasquez, 488 F.3d 316 (5th Cir. May 23, 2007) (defendants' sentences following conviction for illegally re-entering the United States in 2002 are vacated where application of the 2003 Sentencing Guidelines, as opposed to the 2002, constituted an ex post facto violation).

United States v. Dang, 488 F.3d 1135 (9th Cir. May 24, 2007) (8 C.F.R. 316.10(b)(3)(iii), barring good moral character based on commission of "unlawful acts that adversely reflect upon the applicants moral character, or was convicted or imprisoned for such acts" is not ultra vires to INA 101(f)).

United States v. Dang, 488 F.3d 1135 (9th Cir. May 24, 2007) (8 C.F.R. 316.10(b)(3)(iii), barring good moral character based on commission of "unlawful acts that adversely reflect upon the applicants moral character, or was convicted or imprisoned for such acts" is not ultra vires to INA 101(f); nor is the regulation unconstitutionally vague, as applied to respondent who set fire to own vehicle with intent to defraud insurance company).

Hernandez-Gil v. Gonzales, 476 F.3d 803 (9th Cir. Feb. 16, 2007) ("When an immigrant has engaged counsel and the IJ is aware of the representation, if counsel fails to appear, the IJ must take reasonable steps to ensure that the immigrants statutory right to counsel is honored. Here, denying the request for a continuance and conducting the merits hearing without taking reasonable steps to permit counsel to participate, denied Hernandez-Gil his statutory right to counsel.")

Randhawa v. Gonzales, 474 F.3d 918 (6th Cir. Jan. 30, 2007) (petition for review of BIA decision does not toll the time limit for filing a motion for reconsideration with the BIA).
http://caselaw.lp.findlaw.com/data2/circs/6th/053694p.pdf

United States v. Castillo-Basa, __ F.3d __, 2007 WL 570326 (9th Cir. Feb. 26, 2007) (doctrine of collateral estoppel, applied in the criminal double jeopardy context, prevents government from charging illegal entrant with perjury where during the initial illegal re-entry prosecution, the government could not find the taped record of the deportation hearing, but later finds the tape after acquittal; "The Double Jeopardy Clause does not only bar a second prosecution on the same charge of which a defendant has been previously acquitted (or convicted).

United States v. Almazan-Becerra, ___ F.3d ___, ___, 2007 WL 926486 (9th Cir. March 29, 2007) (applying categorical analysis to illegal re-entry sentencing context to determine whether conviction triggers sentence enhancement).

Nabulwala v. Gonzales, ___ F.3d ___, 2007 U.S. App. LEXIS 6449 (8th Cir. March 21, 2007) ("[T]he BIA may not find facts, as it attempted to do in this case. ... The BIA's attempt to fill the gaps by finding facts is impermissible.").
http://bibdaily.com/pdfs/nabulwala.pdf