Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (DHS may, without following APA requirements of notice and comment, redetermine detention boundaries, even to the extend that noncitizens arrested in one federal circuit may be subject to the law of a separate circuit), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006).

Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. Jun. 14, 2006) (noting that DHS has redrawn detention boundaries to subject noncitizens arrested in Idaho and Montana, within the Ninth Circuit, will be placed in removal proceedings in Colorado, in the Tenth Circuit, and therefore subject to Tenth Circuit law), reversed, Ballesteros v. Gonzales, ___ F.3d ___, 2007 WL 926831 (10th Cir. March 29, 2007), to the extent the prior decision is inconsistent Lopez v. Gonzalez, 127 S.Ct. 625 (2006).

Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (although recognizing that the five-year bar does not apply to pre-IMMACT 90 conviction, the court held that St. Cyr foreclosed 212(c) relief for persons convicted by jury trial).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf

Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (although recognizing that the five-year bar does not apply to pre-IMMACT 90 conviction, the court held that St. Cyr foreclosed 212(c) relief for persons convicted by jury trial).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf

Onikoyi v. Gonzales, __ F.3d __ (1st Cir. Jun. 16, 2006) (no jurisdiction to reinstate voluntary departure period after it has already expired).
http://laws.lp.findlaw.com/1st/052426.html

Omolo v. Gonzales, 452 F.3d 404 (5th Cir. Jun. 12, 2006) (person may become a national only by birth or by completing the naturalization process) http://caselaw.lp.findlaw.com/data2/circs/5th/0510192cv0p.pdf

Hosein v. Gonzales, 452 F.3d 401 (5th Cir. Jun. 12, 2006) (dismissal of plaintiff-mother's claim that her citizenship should be backdated in order to effectuate citizenship for her son in order to allow him to avoid deportation).
http://caselaw.lp.findlaw.com/data2/circs/5th/0520460cv0p.pdf

Nemetz v. INS, 647 F.2d 432 (4th Cir. 1981) (conviction under Virginia law making consensual sodomy a crime would not bar naturalization).

8 CFR 242.2(a)(4) allows state or federal officials can hold noncitizens for 48 hours (excluding weekends and holidays) based on an DHS detainer request. Bill pending in congress would extend this period to 14 days.

Ortega-Mendez v. Gonzales, ___ F.3d ___, 2006 WL 1642755 (9th Cir. Jun. 15, 2006) (looking to California state law to determine meaning of "force or violence" in California Penal Code 242).



On August 30, 2006, the government filed a petition for rehearing in Ortega-Mendez v. Gonzales, 450 F.3d 1010 (9th Cir. 2006).