Chan v. Gantner, 464 F.3d 289 (2d Cir. Sept. 20, 2006) (1993 conviction of conspiracy to smuggle aliens constituted aggravated felony, which statutorily precluded noncitizen from establishing good moral character for the purposes of seeking naturalized citizenship under 8 U.S.C. 1427).

Chan v. Gantner, 464 F.3d 289 (2d Cir. Sept. 20, 2006) (waiver of deportation granted under former INA 212(c) does not remove aggravated felony conviction from consideration as a statutory bar to showing good moral character for purposes of eligibility to obtain naturalized citizenship under 8 U.S.C. 1427).

Matter of Robles, 24 I. & N. Dec. 22 (BIA Sept. 27, 2006) (commission of criminal offense mentioned in INA 212(a)(2) that constitutes a ground of inadmissibility or deportability under "stop-time" rule stops accrual pursuant to INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B) of period of continuous residence for cancellation of removal even though committed prior to effective date of IIRAIRA; Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001), does not require different conclusion), reaffirming Matter of Perez, 22
I. & N. Dec. 689 (BIA 1999).

Matter of VZS, 22 I. & N. Dec. 1338
(BIA Aug. 1, 2000) (en banc) (California conviction for unlawful
driving and taking of a vehicle in violation of California
Vehicle Code § 10851 is a aggravated felony "theft offense"
under INA § 101(a)(43)(G), 8 U.S.C.

United States v. Velasco, ___ F.3d ___, 2006 WL 2729670 (5th Cir. Sept. 27, 2006) (Illinois conviction for aggravated battery, under 720 IL. COMP. STAT.

Puri v. Gonzales, 464 F.3d 1038 (9th Cir. Sept. 28, 2006) (rejecting argument that REAL ID Act violates Suspension Clause because it strips district courts of habeas corpus jurisdiction without providing an adequate substitute through the court of appeals), following Martinez-Rosas v. Gonzales, 424 F.3d 926, 928-29 (9th Cir. 2005).

Matter of Guerra, 24 I. & N. Dec. 37 (BIA Sept. 28, 2006) (no error for immigration judge to consider a pending criminal charge, and the evidence underlying it, in deciding whether a noncitizen would be a danger to the community if released from immigration custody).

Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept. 28, 2006) (commission of offense stops the clock for cancellation of removal, by terminating a period of continuous residence in the United States pursuant to INA 240A(d)(1)(B), even though the offense was not charged as nor found to be a ground of inadmissibility or deportability), distinguishing Matter of Fortiz, 21 I. & N. Dec. 1199 (BIA 1998); see also Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. 2006) (rejecting due process challenge to use of uncharged conviction to find a noncitizen ineligible for relief).

Matter of Jurado-Delgado, 24 I. & N. Dec. 29 (BIA Sept. 28, 2006) (commission of criminal offense mentioned in INA 212(a)(2) that constitutes a ground of inadmissibility or deportability stops accrual pursuant to INA 240A(d)(1)(B) of period of continuous residence for cancellation of removal even though committed prior to effective date of IIRAIRA), following Matter of Perez, 22 I. & N. Dec. 689 (BIA 1999); Matter of Robles, 24 I. & N. Dec. 22 (BIA 2006) (Supreme Court's decision in INS v. St. Cyr, 533 U.S. 289 (2001), does not require different conclusion); see also Fernandez-Vargas v.

A plea to a violation of 26 U.S.C. 7206(2) does not constitute an aggravated felony. INA 101(a)(43)(M)(ii), 8 U.S.C. 1101(a)(43)(M)(ii) ["is described in section 7201 of the Internal Revenue Code of 1986 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000"]). See Evangelista v. Ashcroft, 359 F.3d 145, 149-53 (2004); Lee v. Ashcroft, 368 F.3d 218 (2004) (federal conviction of violating 7206(a) is not an aggravated felony, since Congress specified only one tax crime (Section 7201) as an aggravated felony).