Montiel-Barraza v.
INS, 275 F.3d 1178 (9th Cir. Jan. 16, 2002) (California conviction
of driving under the influence of alcohol in violation of
California Vehicle Code § 23152(a), a felony under Vehicle
Code § 23175 as a result of four prior DUI convictions, was
not a crime of violence or an aggravated felony under INA
§ 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for immigration
purposes).

United States v. Portillo-Mendoza,
273 F.3d 1224, 1226 (9th Cir. Dec. 17, 2001) (California DUI
conviction with priors in violation of California Vehicle
Code § 23152 and 23550 was not an aggravated felony for purposes
of enhancing a sentence for illegal re-entry).

United States v. Trinidad-Aquino,
259 F.3d 1140 (9th Cir. Aug. 8, 2001) (California conviction
for driving under influence of alcohol with injury to another,
a violation of California Vehicle Code § 23153, was not "crime
of violence," and thus was not "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) and did
not warrant 16-level increase of illegal re-entry sentence
under U.S.S.G.

Bazan-Reyes v. INS,
256 F.3d 600 (7th Cir. July 5, 2001) (Illinois conviction
for felony drunk driving under 625 Ill. Comp. Stat. § 5/11-501(d)(1),
because of two prior DUI convictions, was not "crime
of violence" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
for deportation purposes).

Bazan-Reyes v. INS,
256 F.3d 600, 603 (7th Cir. July 5, 2001) (Indiana conviction
of a Class D felony, Operating a Vehicle While Intoxicated,
with prior convictions, in violation of section 9-30-5-3 of
the Indiana Code, with a sentence to three years imprisonment,
was not an aggravated felony "crime of violence"
under INA § 101(a)(43)(F), 8 U.S.C.

United States v. Torres-Ruiz,
387 F.3d 1179 (10th Cir. Nov. 2, 2004) (California conviction
for felony driving under the influence of alcohol did not
constitute a "crime of violence" for purposes of
enhancing a federal sentence for illegal re-entry).

Lee v. United States, 368
F.3d 218 (3d Cir. May 19, 2004) (federal conviction of filing
false income tax returns, in violation of 26 U.S.C. § 7206(1),
is not an aggravated felony, as defined by INA § 101(a)(43)(M)(i),
8 U.S.C. § 1101(a)(43)(M)(i), for immigration purposes, as
INA § 101(a)(43)(M)(ii), 8 U.S.C. § 1101(a)(43)(M)(ii) specifically
covers tax evasion, but INA § 101(a)(43)(M)(ii), 8 U.S.C.

Li v. Ashcroft,
389 F.3d 892, 897 (9th Cir. Nov. 19, 2004) (federal conviction
of making a false claim against the United States, in violation
of 18 U.S.C. § 287, is divisible with respect to the fraud
offense aggravated felony defined in INA § 101(a)(43)(M)(i),
8 U.S.C.

Abreu-Reyes v. INS, 292 F.3d 1029
(9th Cir. June 10, 2002) (federal conviction of subscribing
to a false tax return, in violation of 26 U.S.C. § 7206(1),
constituted an aggravated felony as a fraud offense under
INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i) for removal
purposes), opinion withdrawn on grant of rehearing by, 350
F.3d 966 (9th Cir. Nov. 21, 2003).

Matter of Onyido, 22 I. &
N. Dec. 552 (BIA Mar.