Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).

Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. July 9, 2009) (noncitizen must allege State Department visa denial was not facially legitimate, not for a bona fide reason, and entered in bad faith to obtain judicial review of the denial of a visa via consular processing).

Marmolejo-Campos v. Holder, 558 F.3d 903, 920 n.2 (9th Cir.

United States v. Diaz-Argueta, 564 F.3d 1047 (9th Cir. Apr. 24, 2009) ("In the parlance of California law enforcement, a violation of the statute is a "wobbler" that may be punished either as a felony or as a misdemeanor.

United States v. Diaz-Argueta, 564 F.3d 1047 (9th Cir. Apr. 24, 2009) (California conviction of assault with a firearm, under Penal Code 245(a)(2), with probation on condition of serving a sentence less than one year, can constitute a "crime of violence under U.S.S.G. 2L1.2(b)(1)(A)(ii), and thus support a 16-level sentence enhancement for illegal reentry, even where it does not qualify as a crime of violence aggravated felony because there is no sentence imposed of one year or more); citing United States v. Pimentel-Flores, 339 F.3d 959, 960-61 (9th Cir.2003).

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (non-aggravated felony may still be considered a "particularly serious crime" for purposes of withholding of removal; the Attorney General may determine by adjudication that a crime is "particularly serious" without classifying it as such by regulation).

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (court of appeal lacks jurisdiction to review the merits of a "particularly serious crime" determination for purposes of withholding of removal).

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (court of appeal has jurisdiction to review the merits of a "particularly serious crime" determination for purposes of asylum, because this question is specifically exempted from the jurisdiction-stripping provisions of 8 U.S.C. 1252(a)(2)(B)(ii)), following Morales v. Gonzales, 478 F .3d 972, 980 (9th Cir. 2007).

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) (court of appeal has jurisdiction to review the merits of a "particularly serious crime" determination for purposes of asylum, because this question is specifically exempted from the jurisdiction-stripping provisions of 8 U.S.C. 1252(a)(2)(B)(ii)), following Morales v. Gonzales, 478 F .3d 972, 980 (9th Cir. 2007).

Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) ("Although the Convention did not define "particularly serious crime," it did create another exception for aliens who had committed a "serious nonpolitical crime" outside of the country of refuge. Convention, art. 1.F.b. As the BIA has stated, "it should be clear that a particularly serious crime is not the equivalent of a serious nonpolitical crime . Further, a particularly serious crime is more serious than a serious nonpolitical crime...." Frentescu, 18 I. & N.