Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. Dec. 27, 2007) ("The BIA's statutory interpretation is entitled to deference, but the court is not obligated to accept an interpretation clearly contrary to the plain and sensible meaning of a statute."), citing Kankamalage v. INS, 335 F.3d 858, 862 (9th Cir. 2003).

Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. Dec. 27, 2007) (California conviction of unauthorized driving of a vehicle, in violation of Vehicle Code 10851(a), constitutes an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C.

Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. Dec. 27, 2007) (California conviction of unauthorized driving of a vehicle, in violation of Vehicle Code 10851(a), constitutes an aggravated felony theft offense, under INA 101(a)(43)(G), 8 U.S.C.

"A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision of the case giving rise to the construction." Rivers v. Roadway Express, Inc., 511 U.S. at 312-313; see also Bousley v. United States, 523 U.S. at 620-621 (affirming the principle that judicial constructions of statutes apply retroactively even in collateral challenges brought under habeas statutes). This Court has repeatedly affirmed this legal principle. United States v. Lopez Ortiz, 313 F.3d 225 (5th Cir. 2002), cert. denied, 537 U.S.

Matter of Lemus-Losa, 24 I. & N. Dec. 373 (BIA 2007) (adjustment of status under INA 245(i), 8 U.S.C. 1255(i) (2000), is unavailable to a noncitizen who is inadmissible under INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182(a)(9)(B)(i)(II)).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3591.pdf

Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007) (adjustment of status under INA 245(i), 8 U.S.C. 1255(i), is not available to a noncitizen who is inadmissible under unlawful presence bar of INA 212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I)), disagreeing with Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006); Padilla-Caldera v. Gonzales, 426 F.3d 1294, amended and superceded on rehg, 453 F.3d 1257 (10th Cir. 2005).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3590.pdf

United States v. Grisel, 488 F.3d 844, 850 (9th Cir. 2007) (en banc) ("Where, as here, a state statute explicitly defines a crime more broadly than the generic definition, no "legal imagination," Duenas-Alvarez, 127 S.Ct. at 822, is required to hold that a realistic probability exists that the state will apply its statute to conduct that falls outside the generic definition of the crime."); United States v. Vidal, __ F.3d __, 2007 WL 2937015 (9th Cir. Oct. 10, 2007) (same). See also Estrada-Espinoza v. Gonzales, 498 F.3d 933 (9th Cir.

Xiu Ling Chen v. Gonzales, 489 F.3d 861, 863-64 (7th Cir. 2007) ("One consequence of making one rule to cover every case, however, is that a decision anywhere in the country vacating and remanding for reconsideration likewise may have national effect. The Solicitor General did not seek certiorari in either Shou Yung Guo or Jin Xiu Chen. Although the United States, not being affected by offensive nonmutual issue preclusion, may insist that a rule remain in force outside the circuit that made a decision, see United States v. Mendoza, 464 U.S. 154, 104 S.Ct.

A judicial decision interpreting a statute does not announce a new rule. For example, INS v. St. Cyr, 533 U.S. 289 (2001) was a case of statutory interpretation. 121 S.Ct. at 2278. As such, its holding did not change the law. See Rivers v. Roadway Express, Inc., 511 U.S. 298, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994). Rather, St. Cyr "finally decided what [IIRAIRA] had always meant and explained why the [BIA and the] Courts of Appeals had misinterpreted the will of the enacting Congress." 511 U.S. at 313 n. 12, 114 S.Ct. 1510.

United States v. Taylor, 1954 WL 2702 (AFBR), 17 C.M.R. 753 (proving a negative was found to be a "formidable task"); United States v Eramdkian, 155 F.Supp. 914 (1957) (proving a negative presented "difficulties of proof"); Chow v. INS, 641 F.2d 1384 (9th Cir. 1981) (the court was "cognizant of the difficulties inherent in proving a negative").