Munoz-Yepez v. Gonzales, __ F.3d __, 2006 WL 2483209 (8th Cir. Aug. 30, 2006) (noncitizen convicted of 1994 aggravated felony and 2004 domestic violence offense cannot apply for relief under both former INA 212(c) and cancellation of removal under INA 240A).

Malagon de Fuentes v. Gonzales, __ F.3d __, 2006 WL 2468306 (5th Cir. Aug. 28, 2006) (Fleuti doctrine does not apply to trips made outside the United States after IIRAIRA effective date; Fleuti doctrine has no constitutional basis), following Tapia v. Ashcroft, 351 F.3d 795, 799 (7th Cir. 2003); Tineo v. Ashcroft, 350 F.3d 382, 394 (3rd Cir.2003); Rivera-Jimenez v. INS, 214 F.3d 1213, 1218 n. 6 (10th Cir.2000); In re Collado, 21 I. & N. Dec. 1061, 1064-66 n. 3 (BIA 1998).

Malagon deFuentes v. Gonzales, __ F.3d __, 2006 WL 2468306 (5th Cir. Aug. 28, 2006) (no equal protection violation to treat LPRs inside the United States differently from LPRs seeking admission to the United States).

United States v. Torres-Duenas, ___ F.3d ___, 2006 WL 2468308 (10th Cir. Aug. 28, 2006) (sentencing guidelines increasing offence level by 8 for aggravated felony, and 16 for crimes of violence apply regardless of the age of the conviction; 20 year old conviction properly used to increase level upon conviction of illegal re-entry).

Malagon de Fuentes v. Gonzales, 462 F.3d 498 (5th Cir. Aug. 28, 2006) (no equal protection violation to treat impose additional eligibility requirements on LPRs seeking admission that are not required of non-LPRs), following De Leon-Reynoso v. Ashcroft, 293 F.3d 633, 640 (3d Cir.2002); Jankowski-Burczyk v. INS, 291 F.3d 172, 178 (2d Cir. 2002); Lukowski v. INS, 279 F.3d 644, 647-48 (8th Cir. 2002); Moore v. Ashcroft, 251 F.3d 919, 925 (11th Cir.2001); Lara-Ruiz v. INS, 241 F.3d 934, 947 (2d Cir. 2001); Umanzor v. U.S.I.N.S., 178 F.3d 1286 (4th Cir. 1999) (Table).

Merchant v. US Atty Gen., 461 F.3d 1375 (11th Cir. Aug. 25, 2006) (IJ erred in denying motion for continuance where applicant for adjustment of status had met and fulfilled all requirements to adjust status under INA 245(i), but the USCIS had yet to approve the visa, since 8 C.F.R. 245.10(b)(2) requires only that noncitizen be eligible for visa; court contrasted this case from situation where noncitizen had not yet fulfilled all requirements) http://caselaw.lp.findlaw.com/data2/circs/11th/0513086p.pdf

Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction of aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C), defined as intentional physical contact with a deadly weapon in a rude, insulting or angry manner defines a crime which is categorically a "crime of violence," under 18 U.S.C. 16(b) and thus an aggravated felony for removal purposes).

Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction of aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C), defined as intentional physical contact in any manner whereby great bodily harm, disfigurement or death can be inflicted, is not a crime of violence under 18 U.S.C. 16, and thus not an "aggravated felony" for immigration purposes, since this set of elements can be violated by conduct that does not present a substantial risk that offender will use physical force).

Larin-Ulloa v. Gonzales, __ F.3d __, 2006 WL 2441387 (5th Cir. Aug. 24, 2006) (where single subsection of criminal statute contains more than one sets of elements upon which conviction could be based, "modified categorical analysis" [i.e. examination of record of conviction] may be made to determine to which set of elements the noncitizen entered his plea in court).