United States v. Hernandez-Garduno, __ F.3d __ (10th Cir. Aug. 21, 2006) (to trigger 16-level sentence increase for illegal re-entry following conviction of a crime of violence, the crime does not need to also be an aggravated felony).
http://laws.lp.findlaw.com/10th/042224.html

United States v. Hernandez-Garduno, __ F.3d __ (10th Cir. Aug. 21, 2006) (although labeled by Colorado state, conviction of a "misdemeanor" punishable by a maximum of 18 months imprisonment is a "felony" for purposes of illegal re-entry sentencing enhancement that requires conviction of a "felony" crime of violence).

Camacho-Salinas v. U.S. Atty Gen., __ F.3d __ (11th Cir. Aug. 21, 2006) (INA 212(h) requirement that LPR have resided in the United States for seven years to become eligible does not violate equal protection, even those the residence requirement is not applied to non-LPRs), following Moore v. Ashcroft, 251 F.3d 919, 926 (11th Cir. 2001). See also, Taniguchi v. Schultz, 303 F.3d 950, 957-58 (9th Cir. 2002); Jankowski-Burczyk v. INS, 291 F.3d 172, 178 (2d Cir. 2002); Lukowski v. INS, 279 F.3d 644, 647 (8th Cir. 2002); De Leon-Reynoso v. Ashcroft, 293 F.3d 633, 640 (3d Cir.

Cardoso-Tlaseca v. Gonzales, __ F.3d __, 2006 WL 2390298 (9th Cir. Aug. 21, 2006) (8 C.F.R. 1003.2(d) barring granting of motion to reconsider to noncitizen following physical deportation does not apply when criminal conviction that formed a "key part" of the order of removal has been vacated on a basis of legal invalidity), reaffirming validity of Wiedersperg v. INS, 896 F.2d 1179 (9th Cir. 1990), and Estrada-Rosales v. INS, 645 F.2d 819, 821 (9th Cir. 1981) (order of deportation based on certain vacated convictions are not legally valid, and thus do not bar motions to reopen).

Cardoso-Tlaseca v. Gonzales, __ F.3d __, 2006 WL 2390298 (9th Cir. Aug. 21, 2006) (8 C.F.R. 1003.2(d) barring granting of motion to reconsider to noncitizen following physical deportation does not apply when criminal conviction that formed a "key part" of the order of removal has been vacated on a basis of legal invalidity), reaffirming validity of Wiedersperg v. INS, 896 F.2d 1179 (9th Cir. 1990), and Estrada-Rosales v. INS, 645 F.2d 819, 821 (9th Cir. 1981) (order of deportation based on certain vacated convictions are not legally valid, and thus do not bar motions to reopen).

Hem v. Maurer, __ F.3d __ (2d Cir. Aug. 18, 2006) (repeal of INA 212(c) is impermissibly retroactive when applied to noncitizen who proceeds to trial, but forgoes right to appeal while INA 212(c) relief is potentially available; noncitizens must show "objective reliance" rather than actual reliance, to show impermissible retroactive effect of repeal)

Thapa v. Gonzales, __ F.3d __, 2006 U.S. App. LEXIS 21046 (2d Cir. Aug. 16, 2006) (courts may stay voluntary departure period);

United States v. Tzep-Mejia, __ F.3d __, 2006 WL 2361701 (9th Cir. Aug. 15, 2006) (where sentence following prosecution for illegal re-entry was imposed without reference to the United States Sentencing Guidelines, the reviewing court does not need to determine whether prior criminal offense was a "crime of violence" for sentencing guidelines purposes, since the guidelines did not play a part in determining the sentence).

United States v. McGee, __ F.3d __ (5th Cir. Aug. 11, 2006) (South Carolina conviction of second degree burglary, in violation of S.C. CODE 16-11-312(A), is a "burglary" as defined in Taylor v. United States, 495 U.S. 575 (1990), for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1); although possibly divisible, the record of conviction demonstrates that defendant was convicted of burglary of a "dwelling").
http://caselaw.lp.findlaw.com/data2/circs/5th/0420847cr0p.pdf

De Araujo v. Gonzales, 457 F.3d 146, 150 (1st Cir. Aug. 11, 2006) (no due process violation where BIA denied request to grant sua sponte motion on the basis of recently vacated convictions, allowing noncitizen to apply for relief, where BIA denied motion on the basis that it would deny any application for relief as a matter of discretion because noncitizen, "had previously been convicted of four criminal offenses, and while three of these had been vacated, none had been vacated because De Araujo was not guilty of the crimes committed.")