United States v. Fierro-Reyna, __ F.3d __ (5th Cir. Sept. 28, 2006) (Texas conviction from 1979 for aggravated assault on a police officer, in violation of Penal Code 22.02(a)(2) (1974) [punishing simple assault on a police officer] is not a "crime of violence" for illegal re-entry sentencing purposes, since simple assault does not necessarily require use of force; state classification of assault as aggravated because it is committed against a police officer is irrelevant).
http://caselaw.lp.findlaw.com/data2/circs/5th/0551198cr0p.pdf

Gao v. Gonzales, __ F.3d __ (7th Cir. Sept. 25, 2006) (BIA does not need judicial permission to reopen a case sua sponte after the filing of a petition for review). http://caselaw.lp.findlaw.com/data2/circs/7th/053215p.pdf

http://criminalandimmigrationlaw.com/~crimwcom/public/articles/new_depor...

Smith v. Gonzales, ___ F.3d ___ (5th Cir. Oct. 24, 2006) (second state misdemeanor conviction for possession of marijuana did not qualify as an "aggravated felony" for immigration purposes because second possession only becomes a felony under federal law upon conviction of a second offense after conviction of a prior simple possession; in this case, there was no effective prior conviction under 21 U.S.C. 844(a) because the first conviction was not yet final).
http://caselaw.lp.findlaw.com/data2/circs/5th/0660020cv0p.pdf

United States v. Villarreal-Tamayo, ___ F.3d ___, 2006 WL 3055948 (7th Cir. Oct. 30, 2006 ) (court's failure to inform illegal reentry defendant of significance of aggravated felony does not justify withdrawal of the plea, because (1) it is not an element of illegal reentry after deportation offense; (2) it does not define a separate crime, but rather is a penalty provision authorizing an enhanced penalty for violations of 8 U.S.C.

United States v. Jones, 381 F.3d 615, 618-19 (7th Cir. 2004) (affirming district court's denial of motion to withdraw guilty plea premised on a claim that defendant did not understand guilty plea).

Entry with a tourist visa counts as an admission. Any entry with inspection at a border or equivalent (e.g., at an airport) counts as an admission, even if the person enters with false documents. The only exception is that a person who entered falsely claiming to be a U.S. citizen has not been "admitted." The immigration authorities can deport someone who has overstayed a tourist visa, since he has no right to continue to be present in the United States.

Chan v. Gantner, 464 F.3d 289 (2d Cir. Sept. 20, 2006) (waiver of deportation granted under former INA 212(c) does not remove aggravated felony conviction from consideration as a statutory bar to showing good moral character for purposes of eligibility to obtain naturalized citizenship under 8 U.S.C. 1427).

Lopez-Castellanos v Gonzales, 437 F.3d 848 (9th Cir. Feb. 16, 2006) (Congress did not make the elimination of suspension of deportation retroactive with sufficient clarity to disturb settled expectations, just as it did not do so with respect to waivers of deportability under former INA 212(c)), following INS v. St. Cyr, 533 U.S. 289 (2001)).

United States v. Alvarado-Hernandez, ___ F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas conviction for consensual sexual intercourse with a 14-year-old victim in violation of Penal Code 22.011(a)(2), met the common-sense definition of crime of violence, for purposes of imposing a sixteen-level upward adjustment for an illegal-reentry conviction under U.S.S.G. 2L1.2(b)(1)(A)(ii) since it fell within the generic, contemporary definition of "statutory rape" which is specifically listed as a "crime of violence" for this purpose).