Ivanov v. Gonzales, ___ F.3d ___ (8th Cir. April 24, 2007) (IJ abused discretion by granting DHS motion to reopen pursuant to 8 C.F.R. 1003.23(b)(3) because DHS failed to establish that the evidence submitted with its motion to reopen was not only material, but was also unavailable and undiscoverable prior to the conclusion of removal proceedings).

Valdez-Sanchez v. Gonzales, ___ F.3d ___ (10th Cir. April 23, 2007) (after noncitizen had been ordered excluded, reentered, married a U.S. citizen, and was granted an adjustment of status prior to the effective date of IIRAIRA, DHS may not retroactively apply INA 241(a)(5) to reinstate a previous removal order).

United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (New York conviction for kidnapping in the second degree, in violation of New York Penal Law 135.20, was a "crime of violence" under U.S.S.G. 2L1.2. for purposes of 16-level enhancement of illegal reentry sentence, even though the statute does not require the kidnapping be conducted with a specific intent), following United States v. Gonzalez-Ramirez, 477 F.3d 310, 317 (5th Cir. 2007) (Tennessee conviction of "kidnapping" was a crime of violence under U.S.S.G.

United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (finding violation of a statute requiring as elements: (1) knowing removal or confinement; (2) substantial interference with the victim's liberty; and (3) force, threat, or fraud, or, if the victim is incompetent or under age thirteen, lack of consent from the person responsible for the general supervision of the victim's welfare, to be sufficient to qualify as "kidnapping" for purposes of meeting the "crime of violence" definition under U.S.S.G.

United States v. Iniguez-Barba, ___ F.3d ___, 485 F.3d 790 (5th Cir. April 25, 2007) (per curiam) (finding violation of a statute requiring as elements: (1) knowing removal or confinement; (2) substantial interference with the victim's liberty; and (3) force, threat, or fraud, or, if the victim is incompetent or under age thirteen, lack of consent from the person responsible for the general supervision of the victim's welfare, to be sufficient to qualify as "kidnapping" for purposes of meeting the "crime of violence" definition under U.S.S.G.

United States v. Iniguez-Barba, ___ F.3d ___, 485 F.3d 790 (5th Cir. April 25, 2007) (per curiam) ("While we don't look only to the label of the statute at issue to determine what exactly it proscribes, see Fierro-Reyna, 466 F.3d at 326-27, of course we must look to the labels of the statutes to which we compare the statute at issue.")

United States v. Gomez-Guerra, 485 F.3d 301 (5th Cir. April 23, 2007) (Florida conviction for burglary, in violation of Florida Statute 810.02(3) (1995), which forbids not only entry into a structure but also entry into its curtilage, where the charge was in accord, including the words "or the curtilage," did not constitute a crime of violence, pursuant to United States Sentencing Guidelines Manual 2L1.2(b)(1)(A)(ii) (2005), as an enumerated offense ( "burglary of a dwelling" under USSG 2L1.2 cmt.

James v. United States, 550 U.S. ___, 127 S.Ct. 1586 (April 18, 2007) (Florida conviction for attempted burglary of a dwelling qualifies as a violent felony for the purposes of the Armed Career Criminal Act, 18 U.S.C 924(2)(B)(ii), under the residual provision in 18 U.S.C. 924(2)(B)(ii), as an offense that "otherwise involves conduct that presents a serious potential risk of physical injury to another.")

Matter of YL, 24 I. & N. Dec.

For those litigating challenges to drug aggravated felony charges post-Lopez, the NYSDA Immigrant Defense Project has updated its "Practice Advisory: Removal Defense of Immigrants in Drug Possession Cases - The Impact of Lopez v. Gonzales." http://www.nysda.org/idp/docs/07_PostLopezAdvisoryforRemovalDefense41207.... Also available on the IDP website are copies of amicus briefs addressing post-Lopez issues filed before the Board of Immigration Appeals and before the Second, Fifth, and Eleventh Circuits. http://www.nysda.org/idp/webPages/drugLitigationInit.htm
Thanks to Manny Vargas.