Jeune v. Attorney Gen. of the U.S., 476 F.3d 199 (3d Cir. Feb. 20, 2007) (Pennsylvania conviction for violation of 35 Pa. Cons. Stat. Ann.

A conviction of possession of contraband cigarettes, in violation of 18 U.S.C. 2342, should not constitute a crime involving moral turpitude.

New AILF Practice Advisory: Return to the United States after Prevailing on a Petition for Review (January 17, 2007). This Practice Advisory contains practical and legal suggestions for attorneys representing clients who have prevailed on a petition for review or other legal action and who are outside of the United States. See http://www.ailf.org/lac/lac_pa_index.shtml.

Jeune v. Attorney General, 476 F.3d 199, 2007 WL 512510 (3d Cir. Feb. 20, 2007) (Pennsylvania conviction of manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance, in violation of 35 Pa. Cons.Stat. Ann. 780-113(a)(30), does not constitute an "aggravated felony" under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for immigration purposes, even though defendant was sentenced under state sentencing statute labelled "drug trafficking," since statute provided no more than that the defendant was convicted under the statute of the offense of conviction).

Jeune v. Attorney General, 476 F.3d 199, 2007 WL 512510 (3d Cir. Feb. 20, 2007) ("Moreover, this Court has indicated that we must assume that Jeune's conduct was only the minimum necessary to comport with the statute and record. Partyka v. Att'y Gen. of U.S., 417 F.3d 408, 411 (3d Cir.2005) ("Under this categorical approach, we read the applicable statute to ascertain the least culpable conduct necessary to sustain a conviction under the statute."); Wilson v.

Gaston v. State, ___ Fla. ___, 2007 Fla. LEXIS 229 (Feb. 8, 2007) (motion to vacate 10-year-old conviction on ground court failed to advise defendant of possibility of deportation requires only an allegation that the plea subjects the defendant to deportation, rather than a specific threat of deportation, to establish prejudice), following Green v. State, 895 So. 2d 441 (Fla. 4th DCA 2005), quashed, 944 So. 2d 208, 218 (Fla. 2006).

Salazar-Regino v. Trominski, __ F.3d __, 2007 WL 457992 (5th Cir. Feb. 14, 2007) (vacating prior decision in light of Lopez v. Gonzales, 549 U.S. ___, 127 S. Ct. 625 (2006), and remanding to BIA).

"Children Lack Capacity to Make False Claims or Misrepresentations, IJ Holds," 83 Interpreter Releases 775-776 (April 24, 2006).

Occasionally, persons are placed in removal proceedings, and even removed, even though they are United States citizens. E.g., Diaz v. Reno, 40 F.Supp. 2d 984 (N.D. Ill.1999) (U.S. citizen who had been ordered summarily excluded from the United States mounts several claims related to summary exclusion after returning to the United States); Fierro v. INS, 66 F. Supp. 2d 229 (D. Mass. 1999) (court enjoins removal of individual pend-ing resolution of claim to United States citizenship).

"At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program" Cal. Penal Code 1001.3 et seq. Therefore, under the statutory definition of conviction INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), diversion under the California "no-plea" diversion statute does not constitute a conviction. See Matter of Grullon, 20 I. & N. Dec. 12 (BIA 1989) (Florida diversion, similar to California no-plea diversion, held not to be a conviction under Matter of Ozcok, 19 I. & N. Dec. 546 (BIA 1988)).