An immigration court can draw an adverse inference from a noncitizen's assertion of the Fifth Amendment privilege against self-incrimination. Bilokumsky v. Tod, 263 U.S. 149, 154 (1923); United States v. Solano-Godines, 120 F.3d 957, 962 (9th Cir. 1997).  However, where government offers no evidence except respondent's silence, it is insufficient to meet its burden of proof by clear, unequivocal and convincing evidence, and the burden does not shift to respondent.  Matter of Guevara, 20 I. & N. Dec. 238 (BIA 1991).

United States v. Hernandez-Hernandez, ___ F.3d ___ (9th Cir. Dec. 16, 2005) (stipulated factual basis taken from defendant's California Penal Code 995 motion could be used by federal court to find that false imprisonment conviction involved violence; reliance on stipulated facts does not violate Taylor v. United States, 495 U.S. 575, 601-02 (1990) (sentencing court may not inquire into facts underlying prior conviction) because the stipulation was tantamount to a plea agreement, which may be used to establish facts).

Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (misdemeanor solicitation to engage in a sexual act, in violation of Illinois law, 720 ILCS 5/11-14.1(a), is an aggravated felony, sexual abuse of a minor, offense for immigration purposes where the criminal complaint [and no other document] shows that the victim was under the age of 18)

Martinez-Perez v. Ashcroft, __ F.3d __ (9th Cir. August 3, 2005) (Shepard v United States, 125 S.Ct. 1254 (2005) applies to immigration cases).

United States v. Nobriga, ___ F.3d ___ (9th Cir. May 20, 2005) (per curiam) (Hawaii conviction of abuse of a family or household member, in violation of Haw. Rev. Stat. 709-906(A), constituted a conviction of a misdemeanor crime of violence, under 18 U.S.C. 921(a)(33)(A)(ii), because the charging papers and the judgment of conviction made clear that Nobriga pleaded guilty to "physically abus[ing] a family or household member," and not to "refus[ing] compliance with a lawful order of a police officer").

United States v. Corona-Sanchez, 291 F.3d 1201, 1211 (9th Cir.2002) (en banc) (court of appeals may examine "the charging documents in conjunction with the plea agreement, the transcript of a plea proceeding, or the judgment to determine whether the defendant pled guilty" to an aggravated felony.").

United States v. Corona-Sanchez, 291 F.3d 1201, 1211 (9th Cir.2002) (en banc) (under the modified categorical approach, "courts may examine the record for documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.") (quotation and citation omitted).

United States v. Guerrero-Velasquez, ___ F.3d ___ (9th Cir. Jan. 19, 2006) (in conducting modified categorical analysis, record of conviction includes signed plea agreement admitting facts charged in information, including entry of a residence, so conviction under divisible burglary statute qualified as burglary for purposes of imposing a 16-level increase in base offense level under U.S.S.G. 2L1.2(b)(1)(A)(ii) (2003) for illegal reentry sentence).
http://caselaw.lp.findlaw.com/data2/circs/9th/0530066p.pdf

United States v. Hernandez-Hernandez, 431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction for false imprisonment, in violation of Penal Code 236, held to qualify as a crime of violence aggravated felony for purposes of applying a 16-level sentence enhancement for illegal reentry, since defendant stipulated at change of plea that the facts contained in the "995 motion" to dismiss the charge could be considered as the factual basis for the plea, and they established that the defendant was convicted for conduct falling under the "crime of violence" portion of the divisible statute).

United States v. Torres-Diaz, ___ F.3d ___, 2006 WL 225615 (5th Cir. Jan.