In determining whether a conviction constitutes a "particularly serious crime" ("PSC") sufficient to disqualify a noncitizen from asylum or withholding of removal, there are two basic tests. First, if the offense is considered an aggravated felony, the noncitizen is disqualified for asylum, and is disqualified from withholding if the sentence imposed is for five years or more. INA 208(b)(2)(A); 241(b)(3)(B).

United States v. Jose D.L., __ F.3d __ (9th Cir. Jun. 30, 2006) (district court finding that defendant was a juvenile delinquent for drug-related offenses reversed in part and remanded for further proceedings as to "harmless error" analysis where government officials committed multiple violations of the Juvenile Delinquency Act (JDA)). http://caselaw.lp.findlaw.com/data2/circs/9th/0550597p.pdf

Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another), not shown on this record under modified categorical analysis to be a crime of domestic violence, within the meaning of 8 U.S.C.

Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (applying modified categorical analysis to determine California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another) is not a crime of domestic violence).

The court in this case appears to have misread Tokatly v. Aschcroft, 371 F.3d 613 (9th Cir. Jun.

United States v. Perez-Pena, __ F.3d __ (4th Cir. Jun. 30, 2006) (Florida conviction for felony lewd, lascivious, or indecent act upon a child, factually involving a sexual relationship between a 12 year old and a 21 year old, found to be a crime of violence for illegal re-entry sentencing purposes), following United States v. Pierce, 278 F.3d 282, 289-90 (4th Cir. 2002).
http://caselaw.lp.findlaw.com/data2/circs/4th/055054p.pdf

Linda Drazga Maxfield & Keri Burchfield, Immigration Offenses Involving Unlawful Entry: Is Federal Practice Comparable Across Districts?, 14 Fed. Sent. R. 260, Mar.-Apr.2002.

Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann.

Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (finding New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann. 2C:24-4(a), is not a aggravated felony sexual abuse of a minor, the Third Circuit [incorrectly] stated that the BIA, in Matter of Rodriguez-Rodriguez, 22 I. & N. Dec. 991 Z(BIA 1999) specifically adopted 18 U.S.C. 3509(8) as the definition of sexual abuse of a minor).
http://caselaw.lp.findlaw.com/data2/circs/3rd/044316p.pdf

Martinez-Lopez v. Gonzales, ___ F.3d ___, 2006 WL 1778735 (5th Cir. Jun. 29, 2006) (Texas felony conviction of possession of less than one gram of cocaine, in violation of Tex. Health & Safety Code Ann. 481.115(b) (Vernon Supp. 1999), an aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B); rejecting arguments that removal based on the conviction violates the Convention on the Rights of the Child ("CRC") and the International Covenant on Civil and Political Rights ("ICCPR")).

United States v. Gonzalez-Lopez, 335 F.3d 793 (8th Cir. July 14, 2003) (Utah conviction of automobile homicide, in violation of Utah Code Ann. § 76-5-207(1), held to be a crime of violence for purposes of illegal reentry 16-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1), since the Utah offense has as an element the use of physical force against another, irrespective of the predicate offense's mens rea element; no argument made that specific offense of conviction did not require use of force).