Zadvydas v. Davis, 533 U.S. 678, 693-694, 121 S.Ct. 2491 (June 28, 2001) ("[O]nce an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all "persons" within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent. See Plyler v. Doe, 457 U.S. 202, 210, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982); Mathews v. Diaz, 426 U.S. 67, 77, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976); Kwong Hai Chew v. Colding, 344 U.S. 590, 596-598, and n. 5, 73 S.Ct. 472, 97 L.Ed. 576 (1953); Yick Wo v. Hopkins, 118 U.S.

Plyler v. Doe, 457 U.S. 202, 210, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982) ("Whatever his status under the immigration laws, an alien is surely a person .... Aliens, even aliens whose presence in this country is unlawful, have long been recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.").

The cases relating to the Jay Treaty and the laws implementing it for American Indians Born in Canada (INA 289) -which specifically except tribal members by adoption, or any who do not have the required 50% blood quantum - would be tangentially relevant.

http://www.hro.house.state.tx.us/focus/immigration79-12.pdf

"The first amendment adds Federal Rule of Appellate Procedure 32.1, which will require all federal appellate courts to allow citation to their own unpublished and non-precedential opinions issued on or after Jan. 1, 2007." Howard Bashman, Nov. 27, 2006.
http://www.law.com/jsp/article.jsp?id=1164189923012

United States v. Garcia, __ F.3d __ (5th Cir. Nov. 22, 2006) (Colorado conviction for third-degree assault, in violation of Colo. Rev. Stat. 18-3-204, is not a crime of violence as defined under U.S.S.G. section 4B1.2(a)(1), for purposes of career offender sentence enhancement purposes, because the statute of conviction does not require use of physical force; mere touching is sufficient). http://caselaw.lp.findlaw.com/data2/circs/5th/0541030cr0p.pdf

Mohamed v. Gonzales, 470 F.3d 771 (8th Cir. Nov. 27, 2006) (REAL ID Act does not violate suspension clause).

Naeem v. Gonzales, 469 F.3d 33 (1st Cir. Nov. 20, 2006) (motion to reopen before BIA properly denied where noncitizen was ineligible for relief sought due to failure to comply with terms of a grant of voluntary departure).
http://laws.lp.findlaw.com/1st/052789.html

United States v. Martinez-Vega, __ F.3d __ (5th Cir. Nov. 29, 2006) (Texas conviction for sexual assault of a child under 17, in violation of Texas Penal Code 22.011, is a "crime of violence" as "sexual abuse of a minor" for illegal re-entry sentencing purposes, especially where noncitizen defendant admitted before criminal judge that all facts in PSR were correct [i.e. that he sexually abused his 14 year old daughter]).
http://caselaw.lp.findlaw.com/data2/circs/5th/0541498cr0p.pdf

United States v. Martinez-Vega, __ F.3d __ (5th Cir. Nov. 29, 2006) (Texas conviction for sexual assault of a child under 17, in violation of Texas Penal Code 22.011, is a "crime of violence" as "sexual abuse of a minor" for illegal re-entry sentencing purposes, especially where noncitizen defendant admitted before criminal judge that all facts in PSR were correct [i.e. that he sexually abused his 14 year old daughter]).
http://caselaw.lp.findlaw.com/data2/circs/5th/0541498cr0p.pdf