Singh v. USDHS, 517 F.3d 638 (2d Cir. Feb. 29, 2008) ("In addition, we have held that the list of documents enumerated in 1229a(c)(3)(B) is non-exhaustive and thus does not prohibit the admission of other types of documents if they are sufficiently "probative" of the kind of conviction at issue."), citing Dulal-Whiteway v. U.S. Dep't of Homeland Sec., 501 F .3d 116, 132 (2d Cir.

United States v. Lopez-DeLeon, __ F.3d __, 2008 WL 82521 (5th Cir. Jan. 9, 2008) (applying modified categorical analysis to find that California conviction of statutory rape, under Penal Code 261.5(c) was sexual abuse of a minor for illegal re-entry sentencing purposes, even though conviction statute was overbroad, where dismissed charge indicated that the victim was 14 years old).

United States v. Lopez-DeLeon, __ F.3d __, 2008 WL 82521 (5th Cir. Jan. 9, 2008) (applying modified categorical analysis to find that California conviction of statutory rape, under Penal Code 261.5(c) was sexual abuse of a minor for illegal re-entry sentencing purposes, even though conviction statute was overbroad, where dismissed charge indicated that the victim was 14 years old).

Picca v. Mukasey, 512 F.3d 75 (2d Cir. Jan. 9, 2008) (because the agency failed to follow its own regulations designed to safeguard an immigrant's right to counsel, the petition is granted, the BIA's order is vacated, and the case is remanded for further proceedings).

Valenzuela Grullon v. Mukasey, ___ F.3d ___ (2d Cir. Jan. 7, 2008) (exhaustion requirement is statutory and jurisdictional, and the jurisdictional defect cannot be excused on a ground of manifest injustice).

United States v. Lopez-Salas, 513 F.3d 174 (5th Cir. Jan. 3, 2008) (North Carolina conviction of conspiring "to commit the felony of trafficking by transporting 100 pounds or more but less than 2000 pounds of marijuana", under General Statutes of North Carolina 90-95(h), constituted a "drug trafficking offense" under USSG 2L1.2(b)(1)(A)(i) for purposes of imposing a 16-level sentence enhanccment for illegal reentry after deportation).

Matter of Garcia-Madruga, 24 I&N Dec. 436 (BIA Jan. 17, 2008) (Rhode Island conviction of welfare fraud, in violation of R.I. 40-6-15, is not an aggravated felony theft offense, because a "theft" offense, for aggravated felony purposes, requires "the taking of, or exercise of control over, property without consent, and with the criminal intent to deprive the ownership of the rights and benefits of ownership, even if such deprivation is less than total or permanent" (emphasis added); welfare fraud is a fraud offense, in that it requires a taking with consent, obtained by fraud).

Scheerer v. U.S. Atty Gen., __ F.3d __, 2008 WL 131466 (11th Cir. Jan. 15, 2008) (upholding amended 8 C.F.R. 1245.2(a)(1), barring most arriving aliens from applying for adjustment of status before the IJ).

Bosede v. Mukasey, 512 F.3d 946 (7th Cir. Jan.

Arreguin-Moreno v. Mukasey, 511 F.3d 1229 (9th Cir. Jan. 14, 2008) (pre-sentence time in custody in a criminal case, which is credited as time served in a sentence imposed after conviction, is considered to be confinement as a result of a conviction for purposes of the 180-day Good Moral Character bar of INA 101(f)(7), 8 U.S.C. 1101(f)(7).).