James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction for aiding and abetting bank fraud, in violation of 18 U.S.C.

James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction for aiding and abetting bank fraud, in violation of 18 U.S.C.

James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (concerning definition of aggravated felony offenses involving fraud or deceit, court stated: 'Involves' requires that the offense 'necessarily entails the "involved" behavior.' We recognize that '[w]hether an offense "involves" fraud is a broader question than whether it constitutes fraud.'").

James v. Gonzales, ___ F.3d ___, 2006 WL 2536614 (5th Cir. Sept. 5, 2006) (federal conviction of aiding and abetting bank fraud, in violation of 18 U.S.C. 2, 1344, constituted an offense "involving" fraud or deceit, since the elements of aiding and abetting bank fraud "necessarily entailed the criminal intent to see bank fraud committed, some affirmative conduct designed to aid the bank fraud, and his seeking, by his own action, to make the bank fraud successful."; "Significantly, the aiding and abetting statute, 18 U.S.C.

James v. Gonzales, 464 F.3d 505 (5th Cir. Sept. 5, 2006) (while the BIA has jurisdiction to order noncitizen removed when IJ found removability, but granted relief, and the BIA then reverses the grant of relief, the BIA does not have jurisdiction to order removal where the IJ initially found noncitizen was not removable, and the BIA reverses; in such case, BIA must remand to IJ), distinguishing Delgado-Reyuna v. Gonzalez, 450 F.3d 596, 600 (5th Cir. 2006), following Noriega-Lopez v. Ashcroft, 335 F.3d 874, 880-881 (9th Cir. 2003).

Garcia v. Attorney General, ___ F.3d ___, 2006 WL 2529471 (3d Cir. Sept. 5, 2006) (Pennsylvania conviction of two counts of manufacturing, delivering, or possessing a controlled substance with the intent to deliver, under 35 Pa. Stat. Ann.

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).

Lopez-Castellanos v Gonzales, 437 F.3d 848 (9th Cir. Feb. 16, 2006) (Congress did not make the elimination of suspension of deportation retroactive with sufficient clarity to disturb settled expectations, just as it did not do so with respect to waivers of deportability under former INA 212(c)), following INS v. St. Cyr, 533 U.S. 289 (2001)).

United States v. Alvarado-Hernandez, ___ F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas conviction for consensual sexual intercourse with a 14-year-old victim in violation of Penal Code 22.011(a)(2), met the common-sense definition of crime of violence, for purposes of imposing a sixteen-level upward adjustment for an illegal-reentry conviction under U.S.S.G. 2L1.2(b)(1)(A)(ii) since it fell within the generic, contemporary definition of "statutory rape" which is specifically listed as a "crime of violence" for this purpose).

Perez-Enriquez v. Gonzales, ___ F.3d ___ (9th Cir. Sept. 15, 2006) (en banc) (admissibility of noncitizen under the Special Agricultural Worker (SAW) legalization program is determined as of the applicant's date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence).
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