Matter of Balderas, 20 I&N Dec. 389 (BIA 1991), held that immigration authorities can combine a conviction waived in a first set of removal proceedings with a conviction obtained after a grant of relief to charge the person with removability in a second set of proceedings. Several unpublished cases distinguished Balderas when the person in a single set of proceedings seeks to waive the pre-96 offenses and terminate proceedings because there is only one CIMT conviction occurring after 1996.

Alphonsus v. Holder, 705 F.3d 1031, 2013 WL 208930 (9th Cir. Jan. 18, 2013) (particularly serious crime exception to withholding of removal was not facially unconstitutionally vague).

Alphonsus v. Holder, 705 F.3d 1031, 2013 WL 208930 (9th Cir. Jan. 18, 2013) (BIA did not adequately explain its reasons for designating noncitizens conviction for resisting arrest as a particularly serious crime rendering him ineligible for withholding from removal; In making a discretionary immigration decision, the agency must indicate how it weighed the factors involved and how it arrived at its conclusion.).

Khattak v. Holder, 704 F.3d 197 (1st Cir. Jan. 17, 2013) (granting petition for review of Board of Immigration Appeals denial of petitioners application for asylum, where neither the IJ or the BIA has presented a reasoned analysis of the evidence as a whole).

United States v. Mendoza, 705 F.3d 1012, (9th Cir. Jan. 15, 2013) (Oregon conviction of third degree rape under Or.Rev.Stat.

United States v. Gallegos-Galindo, 704 F.3d 1269 (9th Cir. Jan. 17, 2013) (Washington conviction for third-degree rape, in violation of RCW 9A.44.060(1)(a), qualified as a "forcible sex offense" supporting a 16-level crime-of-violence enhancement under the Sentencing Guidelines, U.S.S.G. 2L1.2(b)(1)(A)).

Note: RCW 9A.44.060(1)(A) punishes any rape that does not constitute first or second degree rape. The statute does not contain any further elements.

Alphonsus v. Holder, 705 F.3d 1031, 1041-41 (9th Cir. Jan. 18, 2013) (holding void-for-vagueness constitutional doctrine applies to allow a facial constitutional vagueness challenge to 8 U.S.C.

Alphonsus v. Holder, 705 F.3d 1031, 2013 WL 208930 (9th Cir. Jan. 18, 2013) (an agency changing course must do so in a format capable of modifying an earlier interpretation. Here, an unpublished, non-precedential opinion in this case could not modify earlier, published precedential opinions even if adequate reasons were given for the departure. See Hernandez v. Ashcroft, 345 F.3d 824, 846"47 (9th Cir.2003).).

Rodriguez v. Holder, 705 F.3d 207, (5th Cir. Jan. 16, 2013) (Texas conviction of attempted sexual assault, in violation of Texas Penal Code 22.011(a)(1(C) [(1) intentionally or knowingly: . . .

Rodriguez v. Holder, 705 F.3d 207, (5th Cir. Jan. 16, 2013) (Rodriguez's Adjudication of Guilt states that [t]he Sex Offender Registration Requirements ... do apply to the Defendant. The age of the victim at the time of the offense was 16 years of age. However, this statement does not indicate that the age of the victim was an element of the offense under which Rodriguez was convicted. Nor is this an explicit factual finding by the trial judge to which the defendant assented. [Footnote omitted.] Rodriguez did not plead guilty to the sexual assault of a child.