United States v. Bonat, 106 F.3d 1472, 1475 (9th Cir. 1997) (although language of Arizona burglary statute met generic definition of burglary for federal career criminal act sentence enhancement purposes, Arizona judicial decisions had expanded the definition to include a conviction in which the intent to commit the crime had been formed after entry of the structure, so the Arizona offense could be committed by shoplifting in a building, which does not satisfy the Taylor generic definition of burglary offense).

Matter of Diaz-Ruacho, 24 I. & N. Dec. 47 (BIA 2006) (noncitizen granted voluntary departure, who subsequently fails to leave and fails to post the voluntary departure bond required by INA 240B(b)(3), 8 U.S.C. 1229c(b)(3), is not subject to penalties for failure to depart within the time period specified for voluntary departure, since "posting of a voluntary departure bond is a condition precedent to permission to depart voluntarily. . .").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3546.pdf

Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2006 WL 3302660 (9th Cir. Nov. 15, 2006) (Arizona misdemeanor conviction of "theft by control of property with a value of $250 or more," in violation of A.R.S. 1301802(A)(1), (C) [knowingly, and without lawful authority, controlling the property of another with intent to deprive the owner of it], with sentence of twelve months, constituted an aggravated felony theft offense for removal purposes), following Huerta-Guevara v. Ashcroft, 321 F.3d 883, 886-887 (9th Cir. 2003); United States v. Corona-Sanchez, 291 F.3d 1201, 1204-1205 (9th Cir.

King v. LaMarque, ___ F.3d ___ (9th Cir. Sept. 20, 2006) (after federal court has found a state procedural rule inadequate (here the timeliness rule of In re Clark (1993) 855 P.2d 729), burden falls on the government to show that the rule is now adequate). http://caselaw.lp.findlaw.com/data2/circs/9th/0515757pv2.pdf

United States v. Napier, __ F.3d __ (9th Cir. Sept. 19, 2006) (district court erred in imposing nonstandard conditions of supervised release after sentence and abused its discretion in imposing condition requiring drug treatment because there was no evidence of drug abuse; defendant had a Sixth Amendment right to be present at sentencing, and adding conditions after the sentencing was over violated that right. http://caselaw.lp.findlaw.com/data2/circs/9th/0530348p.pdf

Mohamed v. Gonzales, 470 F.3d 771 (8th Cir. Nov. 27, 2006) (REAL ID Act did not violate Suspension Clause).

Mohamed v. Gonzales, ___ F.3d ___, 2006 WL 3392088 (8th Cir. Nov. 27, 2006) (respondent's due process rights were not violated by two non-prejudicial one-word translation failures).

Mudric v. Attorney General, 469 F.3d 94 (3d Cir. Nov. 24, 2006) (procedural due process not violated by government delays in processing applications - no estoppel from removal).

United States v. Firishchak, 468 F.3d 1015 (7th Cir. Nov. 20, 2006) (affirming district court denaturalization order based on service in the Ukrainian Auxiliary Police (UAP) during World War II and failure to disclose it in 1949 visa application, and rejecting claims that documents evidencing UAP service were inadmissible; it was an abuse of discretion to permit certain expert testimony on a subject that was not disclosed in a pre-trial expert report; he should have been granted a continuance; the evidence against him was insufficient; and he was denied a fair trial).

United States v. Kuchinski, ___ F.3d ___ (9th Cir. Nov. 27, 2006) (conviction for receipt and possession of child pornography is affirmed over claims of error regarding defendant's plea agreement and double jeopardy, but his sentence is vacated as he was sentenced in error when child pornography images in his cache files, which he neither controlled nor even knew the existence of, were used to calculate his Guideline range).
http://caselaw.lp.findlaw.com/data2/circs/9th/0530607p.pdf