Barrera-Quintero v. Holder, 699 F.3d 1239 (10th Cir. Nov. 15, 2012) (voluntary departure under threat of deportation breaks physical presence for purposes of non-LPR cancellation of removal).

Young v. Holder, 697 F.3d 976, *982 (9th Cir. Sept. 17, 2012)(en banc) (In Shepard, 544 U.S. at 26, the Supreme Court imposed evidentiary limitations on the types of documents that we may consider under the modified categorical approach; we may review only the charging instrument, transcript of the plea colloquy, plea agreement, and comparable judicial record of this information. Id . That holding applies here [when determining eligibility for cancellation of removal because the statute refers to generic crimes.]).

Young v. Holder, 697 F.3d 976, *985 (9th Cir. Sept. 17, 2012) (en banc) (We hold that federal law principles determine the effect of a guilty plea under the modified categorical approach.).

Young v. Holder, 697 F.3d 976 (9th Cir. Sept. 17, 2012) (en banc) (Under the modified categorical approach, a guilty plea to a conjunctive count does not necessarily admit every possible version of the crime. . . . [U]nder the modified categorical approach, when a conjunctively phrased charging document alleges several theories of the crime, a guilty plea establishes conviction under at least one of those theories, but not necessarily all of them. . . .

Young v. Holder, 697 F.3d 976 (9th Cir. Sept. 17, 2012) (en banc)(By placing the burden on the alien to show that prior convictions do not constitute aggravated felonies, the REAL ID Act established that an inconclusive record of conviction does not demonstrate eligibility for cancellation of removal, notwithstanding our holdings to the contrary in Sandoval"Lua, 499 F.3d at 1130, and Rosas"Castaneda, 655 F.3d at 886.).

United States v. Mattix, 694 F.3d 1082 (9th Cir. Sept. 17, 2012) (the Sex Offender Registration and Notification Act applied retroactively to defendant at the time he failed to register as a sex offender).

United States v. Carmen, 697 F.3d 964 (9th Cir. Sept. 14, 2012) (reversing conviction for bringing in illegal aliens without presentation, in violation of 8 U.S.C.

Sanchez-Avalos v. Holder, 693 F.3d 1011 (9th Cir. Sept. 4, 2012) (California conviction of sexual battery, in violation of Penal Code 243.4(a), did not categorically constitute a sexual abuse of a minor aggravated felony, because the elements do not require that the victim be a minor, and the evidence admissible under the modified categorical analysis did not establish that the victim was a minor).

United States v. Burke, 694 F.3d 1062 (9th Cir. Sept. 13, 2012) (for purposes of 18 U.S.C. 751(a), escape, a defendant residing in a residential re-entry center as a condition of supervised release is not in custody.).

Gonzaga-Ortega v. Holder, 694 F.3d 1069 (9th Cir. Sept. 14, 2012) (8 C.F.R. 292.5(b) does not entitle noncitizen to counsel during secondary inspection at a port of entry because officers were permitted to treat noncitizen as an applicant for admission under INA 101(a)(13) based upon their conclusion that the noncitizen had engaged in illegal activity, without waiting for an administrative decision; court rejected noncitizens due process claims that his confession was coerced).