Chaidez v. United States, ___ U.S.___, ___, n.1, ___ S.Ct.___, 2013 WL 610201 (Feb. 20, 2013) Chaidez and the Government agree that nothing in this case turns on the difference between a coram nobis petition and a habeas petition, and we assume without deciding that they are correct.).

Matter of Garcia-Mendoza, unpublished (BIA Feb. 15, 2013) (A200 582 682) (actual confinement of 180 days or more constitutes a statutory bar to showing good moral character, even after state court nunc pro tunc sentence reduction of the sentence imposed to 166 days).

Patel v. Holder, 707 F.3d 77 (1st Cir. Feb. 1, 2013) (Connecticut conviction of fourth degree larceny under Conn. Gen.Stat. 53a"125, is not categorically a crime of moral turpitude because the offense may be committed without intent to permanently deprive).

Patel v. Holder, 707 F.3d 77, ___ (1st Cir. Feb. 1, 2013) (It is common ground among the parties that theft offenses can meet this definition, and that not all theft offenses do so. As noted above, the BIA generally distinguishes between turpitudinous thefts and their less depraved counterparts by asking whether the defendant intended to permanently deprive the owner of the purloined property.); citing In re Grazley, 14 I. & N. Dec. 330, 333 (BIA 1973).

Patel v. Holder, 707 F.3d 77, ___ n.1 (1st Cir. Feb. 1, 2013) (court declined to consider government argument not the basis of the BIA decision: In this case, however, the BIA treated the permanent-or-temporary-intent question as dispositive, and our review is limited to the reasoning articulated below. Mihaylov v. Ashcroft, 379 F.3d 15, 21 (1st Cir.2004); see Wala v. Mukasey, 511 F.3d 102, 106 (2d Cir.2007) (bypassing this issue where the BIA treated the [permanent intent] inquiry as determinative).).

Pascual v. Holder, 707 F.3d 403, ___ (2d Cir. Feb. 19, 2013) (New York conviction of third-degree criminal sale of a controlled substance, under N.Y. Penal Law 220.39(1), constitutes an aggravated felony, rejecting argument that this statute is not categorically an aggravated felony because statutes that punish offers to sell, see NYPL 220.00(1), are not drug trafficking crimes under the CSA. Davila v. Holder, 381 Fed.Appx. 413, 416 (5th Cir.2010). This Court, however, has held that distribution, within the meaning of 21 U.S.C.

Yeremin v. Holder, ___ F.3d ___, 2013 WL 535755 (6th Cir. Feb. 14, 2013) (federal conviction of 18 U.S.C. 1028(f), for conspiracy to traffic in identification documents in violation of 1028(a)(3), which prohibits knowingly possessing with intent to use unlawfully or transfer unlawfully five or more identification documents or false identification documents, constituted a crime of moral turpitude because the conduct prohibited by the statute inherently involves deceit).

Moral-Salazar v. Holder, ___ F.3d ___, 2013 WL 717060 (7th Cir. Feb. 28, 2013) (the jurisdictional bar of INA 242(a)(2)(C), 8 U.S.C. 1252(a)(2)(C) does not allow review of the denial of a discretionary motion for continuance).

Smykiene v. Holder, 707 F.3d 785 (7th Cir. Feb. 13, 2013) (Immigration Judge and the BIA erred in allowing noncitizen who claimed not to have received notice to reopen her case; BIA failed to recognize its own distinction between providing notice, and receipt of notice).

Lopez-Vasquez v. Holder, 706 F.3d 1072 (9th Cir. Feb. 1, 2013) (petitioner failed to carry his burden to prove that he was entitled to relief under the Federal First Offender Act, as California law does not allow a non-alternative felony to be reduced to a misdemeanor under Penal Code 17, and the courts reduction of a non-alternative felony conviction under Health & Safety Code 11359 did not change the conviction to one under Health & Safety Code 11357).