United States v. Lopez-Torres, ___ F.3d ___ (9th Cir. Apr. 25, 2006) (California conviction for shooting at an occupied motor vehicle under Penal Code 246 is categorically a crime of violence for purposes of enhancement of illegal reentry sentence under USSG 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/9th/0510392p.pdf

United States v. Murillo-Lopez, __ F.3d __ (5th Cir. Mar. 22, 2006) (California conviction for burglary, in violation of Penal Code 459, is a crime of violence for purposes of 16-level sentence enhancement upon conviction of illegal re-entry, where defendant admitted, and did not dispute, that he was convicted of burglary of a dwelling, specifically listed as a crime of violence under U.S.S.G. 2L1.2).
http://caselaw.lp.findlaw.com/data2/circs/5th/0441397cr0p.pdf

United States v. Chavez-Diaz, __ F.3d __, 2006 WL 1000811 (10th Cir. Apr. 18, 2006) (Wyoming conviction for delivery of a non-narcotic controlled substance constituted an aggravated felony controlled substance offense for illegal re-entry sentencing purposes).

United States v. Elrawy, __ F.3d __, 2006 WL 1085165 (5th Cir. Apr. 26, 2006) (18 U.S.C. 922(g)(5)(B), punishing possession of a firearm by a nonimmigrant visa entrant, does not apply to a nonimmigrant visa entrant who is out of status).
http://caselaw.lp.findlaw.com/data2/circs/5th/0420123cr0p.pdf

United States v. Elrawy, __ F.3d __, 2006 WL 1085165 (5th Cir. Apr. 26, 2006) (18 U.S.C. 922(g)(5)(A), prohibiting possession of a firearm by a noncitizen who entered the United States illegally or is out of status applies to a noncitizen who is out of status, but has had an I-130 visa petition filed on his behalf).

Dos Santos v. Gonzalez, __ F.3d __, 2006 WL 521583 (2d Cir. Mar. 3, 2006) (Connecticut conviction of violating Connecticut General Statute, 53-21(a)(2) [punishing "contact with the intimate parts, as defined by section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child."], is an aggravated felony crime of violence for immigration purposes as defined by 18 U.S.C. 16(b)).

Salinas v. United States, 547 U. S. ___, 2006 WL 1059408 (Apr. 24, 2006) (per curiam) (conviction for simple possession of a controlled substance did not constitute a "controlled substance offense" for purposes of United States Sentencing Commission, Guidelines Manual 4B1.1(a) (2003), since that term requires additional elements: "controlled substance offense" is defined in pertinent part, however, as "an offense under federal or state law . . . that prohibits . . .

Matter of Huang, 19 I. & N. Dec. 749, 754 (BIA 1988) ("While the burden of proving admissibility is generally on the applicant in exclusion proceedings, see section 291 of the Act, 8 U.S.C. 1361 (1982), where an applicant for admission has a colorable claim to returning resident status, the burden is on the Service to show that the applicant should be deprived of his or her status as a lawful permanent resident. Matter of Salazar, 17 I & N Dec. 167 (BIA 1979); Matter of Kane, [15 I & N Dec 258 (BIA 1975)]").

Where LPR who is not deportable briefly leaves the United States, it would arguably violate Substantive Due Process and Equal Protection to consider him or her an arriving alien, and thus inadmissible, and the court must seek a construction of INA 101(a)(13)(C)(v) which avoids these constitutional problems. Note that INA 101(a)(13)(C)(v) contains no exceptions for people granted waivers under INA 212(c), 212(i), or former suspension of deportation under 244.

Belliss, Consequences Of A Court-Martial Conviction For United States Service Members Who Are Not United States Citizens, 51 NAVAL L. REV. 53, 57 n.23 (2005) ("Whether the finding of guilty and imposition of punishment by a summary court-martial officer against an accused amounts to a conviction for immigration purposes is likely answered in the negative. See Middendorf v. Henry, 425 U.S. 25, 40-42 (1976).