A new practice advisory has been issued on the Bail Reform Act's provisions for non-citizen federal defendants, including an overview and explanation of 8 U.S.C. 3142, part of the Bail Reform Act of 1984, analysis on how noncitizen federal defendants can win bail in spite of their immigration status or immigration detainers, and presents arguments for release if ICE takes custody after a defendant pays criminal bail.
http://www.nationalimmigrationproject.org/legalresources/practice_adviso...

Commonwealth v. Marinho, SJC-11058, 2013 Mass. LEXIS 9 (Jan. 14, 2013) (Padilla applies to cases that go to trial: the Padilla duty to advise at plea extends to advising noncitizen clients prior to trial and further includes advocating at sentencing for dispositions that minimize immigration consequences). Thanks to Wendy S. Wayne.

Castrijon-Garcia v. Holder, 704 F.3d 1205 (9th Cir. Jan. 9, 2013) (California conviction of simple kidnapping, under Penal Code 207(a), is categorically not a crime involving moral turpitude making a noncitizen statutorily ineligible for cancellation of removal, because it does not require an intent to injure, actual injury, or a special class of victims).

Matter of Cortes Medina, 26 I. & N. Dec. 79 (BIA 2013) (California conviction of indecent exposure, in violation of Penal Code 314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude).

National Immigration Project, National Lawyers Guild, Practice Advisory, Return to the United States After Prevailing on a Petition for Review or Motion to Reopen or Reconsider, http://www.nationalimmigrationproject.org/publications.htm
This advisory contains practical and legal suggestions for individuals seeking to return to the US after having prevailed on a petition for review or an administrative motion to reopen or reconsider before an IJ or the BIA.

People v. Morales, 212 Cal.App.4th 583, 150 Cal.Rptr.3d 920 (2d Dist. Jan.

United States v. Xu, 706 F.3d 965, 2013 WL 28392 (9th Cir. Jan.

The relevant Foreign Affairs Manual notes have been updated to explain how Nunez-Reyes is not retroactive, but basically states that if the Federal First Offender Act issue comes up, the agent should seek an Advisory Opinion. At least one has advised to apply Lujan if the applicant will be seeking admission at a Port of Entry in the Ninth Circuit. See 9 FAM 40.21(a) N3.2-2 Expunging Conviction Under U.S. Law (CT:VISA-1784; 12-09-2011); 9 FAM 40.21(b) N4.1-3 Applying State Equivalents to 21 U.S.C.

People v. Kim, 212 Cal.App.4th 117, ___, 151 Cal.Rptr.3d 154, 2012 WL 6761652 (6th Dist. Dec. 19, 2012) (In short, judgment had been imposed and defendant had served his prison sentence in this case. The trial court therefore had no authority to dismiss the action pursuant to section 1385.).