Matter of Aldabesheh, 22 I. & N. Dec. 983 (BIA Aug. 30,
1999) (en banc) (New York conviction for forgery in the second
degree, in violation of section 170.10(2) of the New York
Penal Law, is an aggravated felony under INA § 101(a)(43)(R),
8 U.S.C. § 1101(a)(43)(R)).

Matter of Martinez-Recinos, 23 I. & N. Dec. 175 (BIA Oct.
15, 2001) (California conviction for perjury in violation
of California Penal Code § 118(a) constitutes a conviction
for an aggravated felony under INA § 101(a)(43)(S), 8 U.S.C.
§ 1101(a)(43)(S) for immigration purposes).

Mathews v. Reno, 52
F.Supp.2d 195 (D.Mass. May 18, 1999) (Rhode Island conviction
of second-degree child abuse, the infliction upon a child
of any "serious physical injury," in violation of
R.I. Gen. Laws § 11-9-5.3(2), constitutes a crime of violence
under 18 U.S.C. § 16(a), and is considered an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

Matter of Romalez, 23 I&N Dec.

8 U.S.C. 1252(d)(1) (stating that a court may review a final order of removal only if the alien has exhausted all administrative remedies)



Sanchez-Cruz v. INS, 255 F.3d 775, 779-80 (9th Cir. 2001) (although petitioner's allegation of IJ bias presented a colorable due process claim, the claim was precluded by failure to. present it to the BIA).

Miller v. INS, 762 F.2d 21 (3d Cir. 1985) (grant of 212(h) waiver does not eliminate the crime for purposes of showing good moral character).

Obale v. Attorney General, 453 F.3d 151 (3d Cir. 2006) (courts may stay voluntary departure period).

Perez v. United States, ___ F.Supp. ___, ___ (D.N.Y. 2006) ("[B]ecause Petitioner has established that he is a United States citizen, it is a constitutional violation to convict him for reentering the United States. As a result, the Court finds that Petitioners conviction and, in turn, his sentence should be vacated pursuant to 28
U.S.C. 2255.")

For more information about stays of voluntary departure during court of appeals review and an overview of the case law in other courts, see AILFs Practice Advisory, Protecting Voluntary Departure Period During Court of Appeals Review (October 25, 2005) available at http://www.ailf.org/lac/lac_pa_chrono.shtml.

Reyez-Melendez v. INS, 342 F.3d 1001 (9th Cir. 2003) (bias of immigration judge her from acting as a neutral fact-finder and prevented her from considering and evaluating evidence relevant to establishing extreme hardship).