United States v. Oscar-Torres, 507 F.3d 224 (4th Cir. Nov. 8, 2007) ("After arresting Raul Mesa Oscar-Torres without a warrant as part of a nationwide initiative to apprehend illegal alien gang members, law enforcement officers fingerprinted him and thus obtained his criminal and immigration records. The Government then charged him with one count of illegally reentering the United
States following commission of a felony and deportation, in violation of 8 U.S.C.A. 1326(a) and (b)(1) (West 2005 & Supp. 2007).
Rhodes-Bradford v. Keisler, 507 F.3d 77 (2d Cir. Nov. 7, 2007) (BIA has no authority to issue a removal order in the first instance, after IJ had ordered termination of proceedings).
Giri v. Keisler, 507 F.3d 833 (5th Cir. Nov. 7, 2007) (fugitive disentitlement doctrine may be invoked to dismiss a petition for review of a BIA decision by a fugitive alien: "It is uncontested that the Giris have become fugitives since they filed their petition for review with this court. Consequently, they now wish to invoke the protection that a favorable decision from this court would provide, without submitting themselves to the risk of an adverse ruling.
Perez-Munoz v. Keisler, 507 F.3d 357 (5th Cir. Nov. 6, 2007) (Texas conviction for injury of a child, in violation of Texas Penal Code 22.04(a)(3), is an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for immigration purposes).
Perez-Munoz v. Keisler, 507 F.3d 357 (5th Cir. Nov. 6, 2007) ("Although it may be possible to commit this offense by an intentional act without the use of physical force (such as by placing poison in a childs food or drink), this is not the ordinary, usual way the crime is committed. The crime, when committed by an act, is usually committed with the use of some force, or at least through conduct that presents the substantial risk that force may be used. The BIA correctly found that Perez had been convicted of an aggravated felony."), following James v. United States, __ U.S. __, 127 S.Ct.
Saba-Bakare v. Chertoff, 507 F.3d 337 (5th Cir Nov. 5, 2007) (the DHS has exclusive authority to announce that a noncitizen is prima facie eligible to apply for naturalization for the purpose of allowing a noncitizen in removal proceedings to naturalize; recognizing part of Matter of Cruz, 15 I. & N. Dec. 237 (BIA 1975) abrogated by amendment of 8 U.S.C. 1421 (1990)).
Bolante v. Keisler, 506 F.3d 618 (7th Cir. Oct. 31, 2007) (the right not to be subjected to excessive bail, conferred by the Eighth Amendment and implemented, so far as federal criminal defendants are concerned, in the Bail Reform Act. 18 U.S.C. 3142; see United States v. Salerno, 481 U.S. 739, 753-54 (1987), applies only in criminal cases, and the Supreme Court has never held that persons detained in civil proceedings, such as removal proceedings, are entitled to this right).
United States v. Valle-Montalbo, 474 F.3d 1197, 2007 WL 286538 (9th Cir. Feb. 2, 2007) (California conviction of possession for sale of methamphetamines, in violation of Health & Safety Code 11378, constitutes a drug trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes of enhancing an illegal reentry sentence by 16 levels pursuant to USSG 2L1.2(b)(1)(A)(i)).
Lorenzo v. Mukasey, 508 F.3d 1278 (10th Cir. Nov. 20, 2007) (respondents admissions regarding illegal re-entry held sufficient to meet DHS burden for reinstatement; not unreasonable to read 8 C.F.R. 241.8 as allowing immigration officers (not only immigration judges) to reinstate a removal order).
United States v. Castillo-Morales, 507 F.3d 873 (5th Cir. Nov. 8, 2007) (illegal reentry sentence is affirmed where there was no error in a 16-level offense enhancement, since relevant Florida court documents indicated that defendant committed the "crime of violence" of "burglary of a dwelling," as enumerated in U.S.S.G. 2L1.2).