Alaka v. Attorney General, ___ F.3d ___, 2006 WL 1994500 (3d Cir. Jul. 18, 2006) (in determining whether conviction constituted fraud offense aggravated felony, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), immigration court erred in considering amount of intended loss for all of the charges - including dismissed counts - rather than limiting loss to victim to the loss for the single count of conviction); accord, Knutsen v. Gonzales, 429 F.3d 733 (7th Cir. 2005); Khalayleh v. INS, 287 F.3d 978 (10th Cir. 2002); Chang v. INS, 307 F.3d 1185 (9th Cir. 2002).

When a noncitizen has completed serving a state criminal sentence, and is released from state criminal custody, the state authorities may continue to hold the person for 48 hours, exclusive of weekends and holidays, pursuant to an immigration detainer. If the immigration authorities have not picked the person up within that time, the legal authority to continue to detain the person has ended, and the custody becomes false imprisonment from that point on.

    If a stipulation is entered allowing a police report or certificate of probable cause to be entered into the court record as part of plea proceedings, there is a risk that immigration courts might consider the facts contained in those documents to be part of the record of conviction for purposes of determining the existence and nature of a conviction.

State v. Colquitt, ___ Wash. App. ___, 2006 Wash. App. LEXIS 1383 (Jun. 29, 2006) ("The agreement Colquitt entered into to participate in drug court was neither a stipulation that the substance in the underlying charge was a controlled substance, nor a stipulation to the sufficiency of the evidence. And, although he agreed that the police report that included a field test of the substance could be admitted, there were no laboratory test results. We hold that the police report and field test were not sufficient evidence of a controlled substance.

State v. Colquitt, ___ Wash. App. ___, 2006 Wash. App. LEXIS 1383 (Jun. 29, 2006) ("The agreement Colquitt entered into to participate in drug court was neither a stipulation that the substance in the underlying charge was a controlled substance, nor a stipulation to the sufficiency of the evidence. And, although he agreed that the police report that included a field test of the substance could be admitted, there were no laboratory test results. We hold that the police report and field test were not sufficient evidence of a controlled substance.

State v. Colquitt, ___ Wash. App. ___, 2006 Wash. App. LEXIS 1383 (Jun. 29, 2006) ("The agreement Colquitt entered into to participate in drug court was neither a stipulation that the substance in the underlying charge was a controlled substance, nor a stipulation to the sufficiency of the evidence. And, although he agreed that the police report that included a field test of the substance could be admitted, there were no laboratory test results. We hold that the police report and field test were not sufficient evidence of a controlled substance.

Garcia-Quintero v. Gonzales, ___ F.3d ___, 2006 WL 2042896 (9th Cir. Jul.

Garcia-Quintero v. Gonzales, ___ F.3d ___, 2006 WL 2042896 (9th Cir. Jul.

Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir. Jul. 24, 2006) (BIA's determination that noncitizen's beneficiary status under family unity program does not render him "admitted in any status" for purposes of cancellation of removal was not entitled to Chevron deference, and was in error).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373930p.pdf

Romanishyn v. Attorney General, 455 F.3d 175 (3d Cir. Jul. 20, 2006) (INA allows noncitizen who entered the country as a refugee, and later adjusted status to lawful permanent resident to be placed in removal proceedings although the Attorney General never terminated his refugee status pursuant to 8 U.S.C. 1157(c)(4)).
http://caselaw.lp.findlaw.com/data2/circs/3rd/053141p.pdf