State v. Favela, ___ N.M. App. ___, ___ P.3d ___, 2013 WL 4499459 (Aug. 8, 2013) (ICE custody does not constitute criminal custody sufficient to support a habeas corpus petition for the purpose of challenging criminal conviction).

State v. Favela, 311 P.3d 1213 (Aug.

State v. Favela, , 311 P.3d 1213 (Aug. 8, 2013) (Padilla states that to obtain relief on this type of claim, a petitioner must convince the court that a decision to reject the plea bargain would have been rational under the circumstances. Padilla, 559 U.S. at 372, 130 S.Ct. at 1485. This rational under the circumstances standard has been heralded as being much broader and allow[ing] for consideration of a different type of risk analysis by a defendant as compared with traditional analyses of prejudice in the context of ineffective assistance of counsel claims.

Georgias schedules of controlled substances appear to be broader than the federal schedules as Georgias covers Dextromorphan, which is no longer covered by the federal schedules. O.C.G.A. 16-13-25.
Thanks to Sejal Zota.

Counsel can argue that the DUI offense is not a law relating to a controlled substance, under either INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II), because this offense punishes driving while impaired by any substance whatever " so the law as a whole relates to driving, and is not sufficiently related to controlled substances. The Washington DUI statute prohibits driving under the influence of intoxicating liquor, marijuana, or any drug. Any drug is much broader than a controlled substance, and includes any prescription drug or over-the-counter medicine.

Santana v. Holder, 731 F.3d 50 (1st Cir. 2013) (invalidating "post-departure bar," which precludes a noncitizen from filing a motion to reopen "subsequent to his or her departure from the United States."), citing 8 C.F.R. 1003.2(d).

Pretzantzin v. Holder, 725 F.3d 161 (2d Cir. Jul. 31, 2013) (reversing BIA denial of motion to suppress evidence obtained in egregious violation of Fourth Amendment and termination of removal proceedings, where BIA erred in concluding that the government had met its burden of establishing that certain alienage-related evidence had been obtained independent of any constitutional violation; and declined the opportunity to show that it had been obtained from an independent source).

Castillo v. Attorney General, 729 F.3d 296 (No. 12-2073) (3d Cir. Sept. 3, 2013) (New Jersey conviction of shoplifting, in violation of N.J. Stat. Ann.

Iracheta v. Holder, 730 F.3d 419 (5th Cir. Sept. 11, 2013) (U.S. citizen born in Mexico of a U.S. citizen father acquired citizenship because under the law of the Mexican state of Tamaulipas where the person was born, his father legitimated him well before he turned twenty-one years old, and so meets the requirements for having acquired U.S. citizenship from his father at birth; court criticized agency for relying on nonexistent provision of Mexican Constitution in denying the claim).

Morales-Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (California conviction of corporal injury of a person with a present or former listed domestic relationship, in violation of Penal Code 273.5 is not categorically a crime of moral turpitude, because the listed relationships can cover persons such as former dates, who are not protected by domestic violence laws).