Rodrigues-Nascimento v. Gonzales, 485 F.3d 60 (1st Cir. May 9, 2007) (court lacked jurisdiction since petitioner did not raise a constitutional claim or question of law concerning his petition for adjustment of status, and where petitioner waived his arguments against the denial of voluntary departure by not raising them before the BIA).
United States v. Griffith, 455 F.3d 1339, 1340-1345 (11th Cir. 2006) (Georgia conviction of simple battery, under Ga.Code Ann. 16-5-23(a)(1) (which occurs when a person "[i]ntentionally makes physical contact of an insulting or provoking nature with the person of another"), constitutes a "crime of domestic violence" under 18 U.S.C. 921(a)(33)(A)(ii), 922(g)(9), which defines a "crime of domestic violence" to include, inter alia, any offense that "has, as an element, the use or attempted use of physical force.").
United States v. Glover, 431 F.3d 744, 747, 749 (11th Cir. 2005) (Florida conviction of simple battery on a law enforcement officer, in violation of Fla. Stat. 784.03 and 784.07, is a crime of violence under U.S.S.G. 4B1.2(a)(1) [inter alia, any offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another."]).
Peralta-Taveras v. Gonzales, 488 F.3d 580, ___ (2d Cir. May 22, 2007) ("Moreover, granting one form of relief [referring to 212(c) relief and cancellation of removal for lawful permanent residents] precludes the other, whether or not the applications are simultaneous." [Footnote and citation omitted.] Section 240A(c)(6) expressly precludes cancellation of removal for aliens who have previously received relief under 212(c)."), following Munoz-Yepez v. Gonzales, 465 F.3d 347, 350 (8th Cir.
Pedroza-Padilla v. Gonzales, 486 F.3d 1362 (9th Cir. May 15, 2007) (stop-time rule for suspension of deportation, enacted in IIRAIRA, is not impermissibly retroactive).
A defendant must "fairly present" the federal law claim, both facts and law, in each appropriate state court (including a states highest court with powers of discretionary review), at a time when state procedural law permits consideration on the merits. Baldwin v. Reese, 541 U.S. 27 (2004); Bell v. Cone, 543 U.S. 447 (2005).
Pedroza-Padilla v. Gonzales, 486 F.3d 1362 (9th cir. May 15, 2007) (IRCA waiver of inadmissibility does not also waive the legalization requirement that an alien have resided continuously in the United States since January 1, 1982).
Montes-Lopez v. Gonzales, 486 F.3d 1163 (9th Cir. May 17, 2007) (BIA errs when it fails on appeal to consider and decide claims that IJ proceedings suffered from procedural irregularity, such as claim that he was denied his right to counsel at proceedings before an immigration judge).
Landin-Zavala v. Gonzales, 488 F.3d 1150 (9th Cir. May 25, 2007) (order of excludability, acceptance of voluntary departure, and subsequent deportation stop the accrual of physical presence required to become eligible for non-LPR cancellation of removal).
The BIA must remand the case to the IJ for entry of an order of removal where the BIA has reversed the IJs that the respondent is not removable. Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-81 (9th Cir. 2003); James v. Gonzales, 464 F.3d 505 (5th Cir. 2006); Sosa-Valenzuela v. Gonzales, __ F.3d __, 2007 U.S. App. LEXIS 10052 (10th Cir. May 1, 2007).