Alexandre v. U.S. Attorney Gen., __ F.3d __ (11th Cir. Jun. 20, 2006) (section 106 of the REAL ID Act does not violate the Suspension Clause of the U.S. Constitution in expressly foreclosing habeas review, because the statute provides for an alternative means for review through direct appeal).
http://caselaw.lp.findlaw.com/data2/circs/11th/0515421p.pdf
United States v. Perez-Pena, __ F.3d __ (4th Cir. Jun. 30, 2006) (Florida conviction for felony lewd, lascivious, or indecent act upon a child, factually involving a sexual relationship between a 12 year old and a 21 year old, found to be a crime of violence for illegal re-entry sentencing purposes), following United States v. Pierce, 278 F.3d 282, 289-90 (4th Cir. 2002).
http://caselaw.lp.findlaw.com/data2/circs/4th/055054p.pdf
Linda Drazga Maxfield & Keri Burchfield, Immigration Offenses Involving Unlawful Entry: Is Federal Practice Comparable Across Districts?, 14 Fed. Sent. R. 260, Mar.-Apr.2002.
Esponda v. U.S. Atty Gen., 453 F.3d 1319 (11th Cir. Jun. 28, 2006) (BIA abused its discretion in dismissing appeal based on failure to submit brief without first determining whether the issues were adequately stated in the notice to appeal; whether BIA was correct in summarily dismissing an appeal where no brief was filed is reviewed for abuse of discretion).
http://caselaw.lp.findlaw.com/data2/circs/11th/0513875p.pdf
Fernandez-Vargas v. Gonzales, 548 U.S. ___ (2006) (INA 241(a)(5) applies to persons who illegally reentered prior to the April 1, 1997 effective date of IIRIRA, and who did not take any affirmative steps towards legalizing status before that date, because unlawful presence following reentry is a continuing act), reversing Bejjani v. INS, 271 F.3d 670 (6th Cir. 2001), Castro-Cortez et al. v. INS, 239 F.3d 1037 (9th Cir. 2001).
http://laws.lp.findlaw.com/us/000/041376.html
Mouelle v. Gonzales, 126 S.Ct. 2964 (Jun. 26, 2006) (denying cert. and vacating decision in Mouelle v. Gonzales, 416 F.3d 923 (8th Cir. Jul 29, 2005) for further consideration of new interim regulation, effective May 12, 2006).
Matter of Rowe, 23 I. & N. Dec. 962 (BIA 2006) (where a noncitizen was born out of wedlock and paternity was never established under the law of the country in which his parents resided, his paternity has not been established by legitimation, so he is not ineligible to obtain derivative citizenship under former INA 321(a)(3), 8 U.S.C. 1432(a)(3)). http://www.usdoj.gov/eoir/vll/intdec/vol23/3536.pdf
The additional bars to a waiver of inadmissibility under INA 212(h), added by IIRAIRA 348, provide: "[n]o waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.
In determining whether a conviction constitutes a "particularly serious crime" ("PSC") sufficient to disqualify a noncitizen from asylum or withholding of removal, there are two basic tests. First, if the offense is considered an aggravated felony, the noncitizen is disqualified for asylum, and is disqualified from withholding if the sentence imposed is for five years or more. INA 208(b)(2)(A); 241(b)(3)(B).
United States v. Jose D.L., __ F.3d __ (9th Cir. Jun. 30, 2006) (district court finding that defendant was a juvenile delinquent for drug-related offenses reversed in part and remanded for further proceedings as to "harmless error" analysis where government officials committed multiple violations of the Juvenile Delinquency Act (JDA)). http://caselaw.lp.findlaw.com/data2/circs/9th/0550597p.pdf