Shivaraman v. Ashcroft, 360 F.3d 1142 (9th Cir. March 12, 2004) (CMT conviction for offense that occurred more than five years after initial lawful admission with F-1 visa, but less than five years after adjustment of status, was not committed within five years of "the date of admission." INA 237(a)(2)(A)(i)).      When determining whether a noncitizen is deportable for having committed a crime involving moral turpitude within five years of entry, the five year period begins with a noncitizens first lawful admission into the United States. Shivaraman v.

Being deportable under the firearms ground does not "stop the clock" for purposes of accruing the seven years residence required for cancellation of removal for LPR's.  Matter of Campos-Torres, 22 I. & N. Dec. 1289 (BIA 2000).

Tapia v. Ashcroft, 351 F.3d 795 (7th Cir. Dec. 16, 2003) (noncitizen ineligible for suspension of deportation, for lack of seven years continuous presence)

Ponnapula v. Ashcroft, 373 F.3d 480 (3d Cir. June 28, 2004) (Congress did not intend the repeal of INA 212(c) relief to apply retroactively to pre-existing convictions resulting from jury verdicts any more than the Supreme Court held it did to convictions resulting from guilty pleas, if the alien was relying on the old version of the law when he rejected a misdemeanor plea agreement and opted to stand trial).

Atkinson v. Elwood, 2004 WL 945158 (E.D. Pa. April 30, 2004) (Not Reported in F.Supp.2d) (noncitizen convicted by jury trial prior to repeal of 212(c) is eligible for relief under that section; St. Cyr does not require a noncitizen to give up his/her constitutional right to trial to preserve ability to request 212(c) relief).

Thom v. Ashcroft, 369 F.3d 158 (2d Cir. May 27, 2004) (conviction resulting from jury trial precludes eligibility for 212(c) relief from deportation; issuance of detainer notice did not begin proceedings so as to preclude application of later law; and laches did not bar deportation).
http://caselaw.lp.findlaw.com/data2/circs/2nd/012404p.pdf

Unuakhaulu v. Ashcroft, __ F.3d __, 2004 WL 2924334 (9th Cir. Dec. 20, 2004) (where IJ did not rely upon noncitizens aggravated felony conviction in denying applications for withholding of removal and convection against torture relief, jurisdictional bar to review for noncitizens convicted of aggravated felonies, under INA 242(a)(2)(C); 8 U.S.C. 1252(a)(2)(C), does not apply).

Dave v. Ashcroft, 363 F.3d 649 (7th Cir. April 14, 2004) (commission of firearms offense precludes court of appeals from exercising jurisdiction to review removal order under 8 U.S.C. 1252(a)(2)(C); alternative holding dismissing petitions as noncitizen has not raised any substantial constitutional claims that could serve as basis for jurisdiction).

Adefemi v. Ashcroft, 358 F.3d 828 (11th Cir. Jan. 29, 2004), vacating and withdrawing previous opinion, 335 F.3d 1269 (11th Cir. June 30, 2003) (firearms conviction, rather than commission of firearms offense, required to strip court of appeals of petition for review jurisdiction over validity of removal order under transitional rules).

United States v. Lucio, ___ F.3d ___ (5th Cir. Oct. 12, 2005) (conviction under 18 U.S.C. 922(g)(5)(A) [possession of firearm by undocumented noncitizen] upheld since undocumented noncitizens immigration status remains unlawful during the pendency of an application to adjust status; mere fact that he has received permission to work in the county does not alter the initial unlawfulness of his immigration status).
http://caselaw.lp.findlaw.com/data2/circs/5th/0420331cv0p.pdf