JUDICIAL REVIEW - PETITION FOR REVIEW - NO JURISDICTION TO CONSIDER CLAIM THAT BIA FAILED TO FOLLOW ITS OWN PRECEDENT
Falek v. Gonzales, 475 F.3d 285 (5th Cir. Jan. 8, 2007) (Court of Appeals lacked jurisdiction to consider claim that BIA failed to follow its own precedent).
AGGRAVATED FELONY - CRIME OF VIOLENCE - FALSE IMPRISONMENT
United States v. Gonzalez-Perez, 472 F.3d 1158 (9th Cir. Jan. 10, 2007) (Florida conviction of false imprisonment under Florida law, did not constitute a crime of violence under U.S.S.G. 2L1.2(b)(1)(A)(ii), to warrant imposition of a 16-level sentence enhancement for illegal re-entry following deportation, because offense may be committed "secretly" without use of force).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510693p.pdf
POST CON RELIEF - SENTENCE - GROUNDS -- BOOKER
United States v. Mercado, ___ F.3d ___, 2007 WL 136702 (9th Cir. Jan. 22, 2007) (Booker has not abrogated previous rule allowing sentencing courts to consider conduct underlying acquitted criminal charges).
http://caselaw.lp.findlaw.com/data2/circs/9th/0550624p.pdf
POST CON RELIEF -- SENTENCE -- BOOKER REVERSAL OF CALIFORNIA DETERMINATE SENTENCING LAW
Cunningham v. California, ___ U.S. ___ (Jan. 22, 2007) (California's determinate sentencing law violates defendant's right to trial by jury under Sixth and Fourteenth Amendments by placing sentence-elevating factfinding within the judge's province).
http://laws.lp.findlaw.com/us/000/056551.html
JUDICIAL REVIEW - PETITION FOR REVIEW - EXHAUSTION - GOVERNMENT WAIVED EXHAUSTION ARGUMENT
Zhong v. US Dep't of Justice, ___ F.3d ___ (2d Cir. Jan. 17, 2007) (failure to exhaust claims of error before BIA excused where respondent did not assert a failure to exhaust, and the IJ's errors may have affected his disposition of the application).
http://caselaw.lp.findlaw.com/data2/circs/2nd/024882p.pdf
JUDICIAL REVIEW - PETITION FOR REVIEW - BIA FAILED TO ANALYZE PETITIONER'S EVIDENCE
Kebe v. Gonzales, 473 F.3d 855 (7th Cir. Jan. 19, 2007) (petition for review granted where BIA failed to analyze petitioner's evidence that conditions for members of opposition political organizations had worsened since the BIA's original decision of asylum and withholding claims).
http://caselaw.lp.findlaw.com/data2/circs/7th/054437p.pdf
CONTROLLED SUBSTANCES - IDENTIFICATION OF DRUG
Ruiz-Vidal v. Gonzales, ___ F.3d ___, 2007 WL 113940 (9th Cir. Jan. 18, 2007) (DHS failed to establish unequivocally that the particular substance noncitizen had been convicted in state court of possessing in 2003 was a controlled substance as defined in section 102 of the Controlled Substances Act, for purposes of that conviction serving as a predicate offense for removal).
AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION -IDENTIFICATION OF DRUG
Ruiz-Vidal v. Gonzales, ___ F.3d ___, 2007 WL 113940 (9th Cir. Jan. 18, 2007) (DHS failed to establish unequivocally that the particular substance noncitizen had been convicted in state court of possessing in 2003 was a controlled substance as defined in section 102 of the Controlled Substances Act, for purposes of that conviction serving as a predicate offense for removal).
RELIEF - CANCELLATION OF REMOVAL - CONVICTION COULD NOT BE BASIS OF REMOVAL AFTER CANCELLATION HAD BEEN GRANTED
Ruiz-Vidal v. Gonzales, 473 F.3d 1072 (9th Cir. Jan. 18, 2007) (California 1998 conviction could not serve as a predicate for removal because petitioner had been granted cancellation of removal for that conviction).
CONTROLLED SUBSTANCES - SUBSTANCES NOT ON FEDERAL LIST
Ruiz-Vidal v. Gonzales, __ F.3d __ (9th Cir. Jan. 18, 2007) (substances controlled under California, but not Federal law include: apomorphine, androisoxazole, bolandiol, boldenone, oxymestrone, norbolethone, stanozolol, stebnolone).
