United States v. Tucker, 740 F.3d 1177 (8th Cir. Jan. 29, 2014) (under the Supreme Courts decision in Descamps, the court may not apply the modified categorical approach to a statute that is textually indivisible, such as the Missouri statute penalizing a walk-away escape from a half-way house, to hold the offense to be a crime of violence under the residual otherwise clause of the ACCA, 18 U.S.C. 924(e)(2)(B)(ii), because there was a guard on duty when the escape occurred); partially overruling United States v. Parks, 620 F.3d 911 (8th Cir.

Garcia-Gonzalez v. Holder, 737 F.3d 498, 500 (8th Cir. Dec. 9, 2013) (By agreeing in his plea agreement that the Government could have proved the factual basis for his racketeering conviction beyond a reasonable doubt, Garcia"Gonzalez admitted to each of the elements of a violation of 846.).

Aguilar-Turcios v. Holder, 740 F.3d 1294 (9th Cir. Jan. 23, 2014) (military conviction for violation of Article 92 of the Uniform Code of Military Justice, providing that official use of government computers does not include viewing pornography, does not categorically constitute a aggravated felony, because one could violate the article without necessarily being guilty of all the elements of a generic federal child pornography offense).

Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. Jan. 21, 2014) (the aggravated felony bar to a waiver of inadmissibility under INA 212(h) for a noncitizen previously admitted to the US as a LPR does not apply to someone who adjusted status without leaving the United States: only non-citizens who entered the United States as lawful permanent residents are barred from eligibility to apply for waiver).

Rodriguez v. Robbins, 715 F.3d 1127, 1133 (9th Cir. 2013) (mandatory immigration detention pursuant to INA 236(c) detention is limited to six months; anything longer without an individualized hearing is presumptively unreasonable); Diop v. ICE/Homeland Security, 656 F.3d 221, 234 (3d Cir. 2011) (individualized hearing required to determine what is reasonable in a given case); Ly v. Hansen, 351 F.3d 263, 272 (6th Cir. 2003); Bourguignon v. MacDonald, 667 F. Supp. 2d 175 (D. Mass. 2009).

United States v. Davis, 739 F.3d 1222 (9th Cir. Jan. 14, 2014) (affirming district court's denial of defendant's motion to reduce sentence, because an amended policy statement, USSG Manual 1B1.10(b), which generally prohibits a court from reducing a sentence to a term that is less than the minimum of the amended guidelines range, does not exceed the Sentencing Commission's authority and does not violate the separation of powers doctrine).

Smith v. U.S. Customs and Border Protection, 741 F.3d 1016 (9th Cir. Jan. 9, 2014) (affirming district courts denial of government's motion to dismiss habeas corpus action for lack of jurisdiction, since alien was not in custody, as required for federal jurisdiction over his 2241 habeas petition, and alien was ordered removed under the expedited removal statute, and thus was not entitled to hearing under statute providing for limited habeas review of expedited removal orders).

Chavez-Reyes v. Holder, 741 F.3d 1 (9th Cir. Jan. 27, 2014) (denying petition for review from BIA decision finding petitioner inadmissible because there was reason to believe that he engaged in or assisted others in illicit trafficking in a controlled substance, under INA 212(a)(2)(C)(i), 8 U.S.C.

United States v. Caceres-Olla, 738 F.3d 1051 (9th Cir. Dec. 23, 2013) (Florida conviction for "lewd and lascivious battery," in violation of Florida Statutes 800.04(4)(a), [[e]ngag[ing] in sexual activity with a person 12 years of age or older but less than 16 years of age.], did not categorically constitute a forcible sex offense, and thus cannot be a crime of violence as defined under the federal sentencing guidelines).

United States v. Caceres-Olla, 738 F.3d 1051 (9th Cir. Dec. 23, 2013) (Florida conviction for "lewd and lascivious battery," in violation of Florida Statutes 800.04(4)(a) [[e]ngag[ing] in sexual activity with a person 12 years of age or older but less than 16 years of age.], did not categorically constitute a crime of violence for illegal reentry sentencing purposes, since lack of consent is not an element of the crime; nor is the statute divisible, so the modified categorical analysis cannot be employed); United States v. Gomez"Mendez, 486 F.3d 599, 604 (9th Cir.