People v. Johnson, 211 Cal.App.4th 252, 149 Cal.Rptr.3d 482 (4th Dist. Nov. 20, 2012) (There are three situations in which a defendant may be entitled to a dismissal of his or her conviction: (a) where the defendant has fulfilled the conditions of probation for the entire probationary period; (b) where the defendant has been discharged before the termination of the period of probation; or, (c) in any case in which a court, in its discretion and the interests of justice, determines he should be granted relief. ( Id. at p. 587, 164 Cal.Rptr. 475; see also People v.

People v. Alanis (2008) 158 Cal.App.4th 1467, 1472-1473 (trial court cannot make any order while a criminal case is pending in the court of appeal: "Because an appeal divests the trial court of subject matter jurisdiction, the court lacks jurisdiction to vacate the judgment or make any order affecting it. [Citations.] Thus, action by the trial court while an appeal is pending is null and void.

Meyer v. Superior Court, 297 Cal.App.2d 133 (1966) (court still has authority, under Penal Code 17(b)(3), to reduce alternative felony misdemeanor from felony to misdemeanor even after the conviction has been expunged under Penal Code 1203.4(a)).

State v. Gaitan, 209 N.J. 339 (2012) (Padilla was a new rule and therefore prospective only).

Esparza-Rodriguez v. Holder, 699 F.3d 821, 825 (5th Cir. Oct. 18, 2012) (Texas conviction of assault, in violation of Penal Code 22.01(a)(1), properly held a crime involving moral turpitude: we cannot say that it was unreasonable for the BIA, upon careful consideration, to conclude that an intentional assault that is intended to and does cause more than a de minimis level of physical harm, is contrary to the accepted rules of morality and the duties owed between persons or to society in general.); quoting Mustafaj v. Holder, 369 Fed.Appx.

Esparza-Rodriguez v. Holder, 699 F.3d 821, 825 n.8 (5th Cir. Oct. 18, 2012) (the third-step of Silva-Trevino, which looks to the underlying facts of the conviction and beyond the record of conviction, to be inconsistent with Fifth Circuit case law), citing Bianco v. Holder, 624 F.3d 265, 269 (5th Cir.2010).

United States v. Rodriguez, 698 F.3d 220 (5th Cir. Oct. 3, 2012) (per curiam) (Texas conviction of sexual assault of a child, in violation of Penal Code 22.011(a)(2) (sexual intercourse with a child, defined as a person under the age of seventeen), is a crime of violence for illegal re-entry sentencing purposes under U.S.S.G. 2L1.2(b)(1)(A)(ii), as an enumerated offense); Calderon"Terrazas v. Ashcroft, 117 Fed.Appx. 903, 904"05 (5th Cir.2004) ([S]exual assault of a child under TEX. PENAL CODE 22.011[(a)(2)] qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(A).

Nunez-Moron v. Holder, ___ F.3d ___, 2012 WL 5315860 (7th Cir. Oct. 30, 2012) (inadmissibility under INA 212(a)(9)(C)(i)(II), 8 U.S.C 1182(a)(9)(C)(i)(II), bars adjustment of status under INA 245(i)); following In re Briones, 24 I. & N. Dec. 355 (BIA 2007); In re Torres"Garcia, 23 I. & N. Dec. 866 (BIA 2006).

Nunez-Moron v. Holder, ___ F.3d ___, 2012 WL 5315860 (7th Cir. Oct. 30, 2012) (expedited removal broke noncitizens continuous physical presence period for purposes of non-LPR cancellation of removal).

Lam v. Holder, 698 F.3d 529, *531 (7th Cir. Oct. 16, 2012) (granting petition for review of BIA decision affirming IJs denial of a waiver of inadmissibility, under INA 212(h)(1)(B), 8 U.S .C. 1182(h)(1)(B), for insufficient hardship: Because we find that the IJ and BIA overlooked material evidence related to Lam's wife's depression and improperly relied on a report to determine that Lam failed to show rehabilitation, we grant Lam's petition for review, vacate his removal order, and remand to the agency for reconsideration.).