Chan v. Gantner, ___ F.3d ___, 2006 WL 2686852 (2d Cir. Sept. 20, 2006) (1996 INA amendments that expanded the class of aggravated felonies to include conspiracy to smuggle noncitizens apply retroactively).

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).

Berhe v. Gonzales, ___ F.3d ___, 2006 WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts conviction of misdemeanor possession of marijuana with intent to distribute, in violation of Mass. Gen. Laws ch. 94C, 32C(a), constituted an aggravated felony drug trafficking conviction under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), despite its classification as a misdemeanor under state law, because it had an element of distribution and would therefore have been a felony if it had been prosecuted in federal court).

Berhe v. Gonzales, ___ F.3d ___, 2006 WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts 1996 conviction of misdemeanor simple possession of crack cocaine under Mass. Gen. Laws ch. 94C, 34, and Massachusetts 2003 misdemeanor conviction of simple possession of crack cocaine, were not aggravated felony drug trafficking convictions under INA 101(a)(43)(B), 8 U.S.C.

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).