Matter of Ortega-Cabrera, 23 I. & N. Dec. 793, 797-798 (BIA 2005) (required ten years of good moral character "must include the time during which the respondent is in proceedings, i.e., until the issuance of an administratively final decision on the application.").

United States v. Allen, 282 F.3d 339, 342-343 (5th Cir. 2002) (courts may consider charging papers and jury instructions to determine whether a prior offense qualifies as a "serious drug offense" for purposes of 18 U.S.C.A 924(e)(2)(A) [Armed Career Criminal Act]).

United States v. Allen, 282 F.3d 339, 342-343 (5th Cir. 2002) (courts may consider charging papers and jury instructions to determine whether a prior offense qualifies as a "serious drug offense" for purposes of 18 U.S.C.A 924(e)(2)(A) [Armed Career Criminal Act]).

Petrov v. Gonzales, 464 F.3d 800, 2006 WL 2846451 (7th Cir. Oct. 6, 2006) (federal conviction of conspiracy to bribe federal officials to provide bogus "green cards" as part of an immigration fraud, for which he received more than $10,000, constituted a fraud offense aggravated felony, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), which deprived the court of appeals of jurisdiction under 8 U.S.C. 1252(a)(2)(C) to consider whether the conviction constituted a particularly serious crime barring political asylum and withholding of deportation).

Ahmed v. Gonzales, 465 F.3d 806 (7th Cir. Oct. 16, 2006) (fact that noncitizen was not currently eligible to apply for adjustment of status because he did not have a visa immediately available to him did not mean noncitizen was not entitled to apply for adjustment due to visa petition filed on his behalf; fact that visa was not yet current was not sufficient, in itself, to form basis of denial of a continuance to allow noncitizen to apply for adjustment once visa became available).

http://caselaw.lp.findlaw.com/data2/circs/7th/053965p.pdf

Matter of Deandra-Romo, 23 I. & N. Dec. 597 (BIA 2003) (respondent, convicted of two misdemeanor crimes involving moral turpitude, is not precluded by INA 240A(d)(1)(B), 8 U.S.C. 1229b(d)(1)(B), from establishing the requisite seven years of continuous residence for cancellation of removal under INA 240A(a)(2), because his first crime, which qualified under the petty offense exception, did not render him inadmissible, and he had accrued the requisite seven years of continuous residence before the second offense was committed).

United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (federal conviction under 8 U.S.C.

A federal court granted a temporary restraining order in a suit challenging DHS refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). Perez-Gonzalez is a Ninth Circuit case holding that individuals who have previously been removed or deported may apply for adjustment of status (under INA 245(i)) along with an accompanying I-212 waiver application. Pursuant to the temporary order, USCIS district offices and the AAO cannot deny any I-212 application pending in the Ninth Circuit on basis that ten years has not elapsed since the applicants last departure.

United States v. Hernandez-Rodriguez, ___ F.3d ___ (5th Cir. Oct. 10, 2006) (Texas conviction of "deadly conduct," as defined in Tex. Penal Code 22.05(b)(1) [knowingly discharge a firearm in the direction of a person] constitutes a crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G. 2L1.2(b), because the offense has an element the threatened use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/5th/0551429cr0p.pdf

United States v. Gutierrez-Ramirez, 405 F.3d 352 (5th Cir.