United States v. Meza-Corrales, ___ F. Supp. 2d ___, 2006 U.S. Dist. LEXIS 11199 (E.D. Wash. Mar. 1, 2006) (motion to dismiss illegal reentry charge granted on ground immigration judge violated due process by bypassing categorical analysis of Oregon conviction of attempted sexual abuse in the first degree, in violation of O.R.S.

Canada v. Gonzales, ___ F.3d ___, 2006 WL 1367367 (2d Cir. May 18, 2006) (Connecticut conviction for assault on a public safety officer, in violation of Conn. Gen. Stat. 53a-167c(a)(1) is a divisible statute, since assault of a police officer is a categorical crime of violence under 18 U.S.C. 16(b), but assault of another peace office may not categorically qualify as a crime of violence; where plea transcript shows victim was, in fact, a police officer, the Government has met its burden of showing removability as an aggravated felon).

United States v. Fernandez-Cusco, __ F.3d __ (5th Cir. Apr. 20, 2006) (examining for plain error, the court found that where the complaint charges defendant under a subsection of a divisible statute that is a categorical crime of violence, but the plea colloquy does not indicate any specific subsection, it is not plain error for the illegal re-entry sentencing court to find that the defendant had pleaded guilty to the subsection charged in the complaint).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540289cr0p.pdf

Canada v. Gonzales, ___ F.3d ___, 2006 WL 1367367 (2d Cir. May 18, 2006) (rejecting petitioners claim that only statutes divisible into discreet subjection may be found divisible; divisible statutes include statutes applying the disjunctive or to identify separate sets of elements punished under the same statute), citing Singh v. Ashcroft, 383 F.3d 144, 163 (3d Cir.

Doe v. ICE, __ F.Supp.2d __, 2006 WL 1294440 (S.D.N.Y. May 10, 2006) ("Information relating to persons subject to a civil order of deportation does not automatically qualify as a crime record. The Government must show that the person "willfully" violated the statute to warrant entry as part of a criminal record. See, e.g., 8 U.S.C. 1253(a)(1) (criminal penalties for "willful" failure to depart after entry of a removal order); 8 U.S.C. 1306 (criminal penalties for "willful" failure to comply with registration requirements). . . .

Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (Jamaican rap sheet contained in police report was, by itself, insufficient to demonstrate the existence of a "conviction" for immigration purposes, since the document by itself did not show adjudication of guilt; commentary to 8 C.F.R. 1003.41(d) suggests rap sheets admissible but not conclusive).

Matter of Cruz, 15 I. & N. Dec. 236 (BIA 1974) requires an "affirmative communication" from the DHS to allow an IJ to terminate proceedings to allow a noncitizen to apply for naturalization. This requirement has arguably been superceded by current 8 C.F.R. 1239(f), which no longer requires an affirmative communication.

Apr 96 Gen Co memo 96-5

Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. Apr. 20, 2006) (sole - not joint - "legal custody" by a naturalized parent is required for a child seeking derivative naturalization; requirement not met where divorce decree awarded "sole physical custody" of child to mother, but required parents to share "joint legal custody.").
http://caselaw.lp.findlaw.com/data2/circs/5th/0560247cv0p.pdf

Tunis v. Gonzales, 447 F.3d 547 (7th Cir. May 15, 2006) (Wisconsin conviction of two counts of selling less than a gram of cocaine, with two years suspended sentence, with seven months actual custody ordered, constituted aggravated felony drug trafficking convictions, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), and thus particularly serious crimes under 8 U.S.C.