Ramos v. Gonzales, ___ F.3d ___, 2005 WL 1618821 (7th Cir. July 12, 2005) (Nebraska conviction for attempted possession of cocaine, in violation of Neb.Rev.Stat. 28-201, 28-416 (2003), continued to constitute a "conviction," for removal purposes, even though it had been expunged pursuant to a rehabilitative statute, Neb.Rev.Stat.

Salazar-Regino v. Trominski, ___ F.3d ___ (5th Cir. June 30, 2005) (Texas deferred adjudication following guilty plea to felony possession of marijuana constituted a conviction for removal purposes under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), even though it did not constitute grounds for removal under the BIA law in place at the time the plea of guilty was entered), following Moosa v. INS, 171 F.3d 994, 1005-1006 (5th Cir. 1999).
http://caselaw.lp.findlaw.com/data2/circs/5th/0341492p.pdf

Ali v. Ashcroft, ___ F.3d ___ (7th Cir. Jan. 11, 2005) (according Chevron deference to, and affirming rule of Matter of Pickering, 23 I. & N. Dec. 621, 624 (BIA June 11, 2003), vacated by Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), that if a court amends an alien's conviction for reasons solely related to rehabilitation or immigration hardships, as opposed to responding to procedural or substantive defects in the underlying criminal proceedings, then the alien remains "convicted" for immigration purposes).

Ali v. Ashcroft, ___ F.3d ___ (7th Cir. Jan. 11, 2005) (Illinois order amending felony conviction of possession with intent to distribute THC, in violation of Wis. Stat. 961.41(1m)(h)(1), to misdemeanor possession of marijuana was ineffective to eliminate the former conviction for removal purposes, since it was not based on a ground of legal invalidity).

Matter of LUVIANO-Rodriguez, 23 I&N Dec. 718 (A.G. 2005) (noncitizen whose firearms conviction was expunged pursuant to section 1203.4 of the California Penal Code has been "convicted" for immigration purposes; Matter of Marroquin, 23 I&N Dec. 705 (A.G. 2005), followed.).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3508.pdf

Cruz-Garza v. Ashcroft, 396 F.3d 1125 (10th Cir. Feb. 2, 2005) (where Government bears the burden in immigration proceedings, the Government must prove by clear, convincing, and unequivocal evidence that a vacated criminal conviction remains a conviction for immigration purposes).      In deportation proceedings, the government must prove a noncitizens deportability by clear, convincing and unequivocal evidence. 8 U.S.C. 1229a(c)(3)(A); 8 C.F.R 242.14(a) (1997); 8 C.F.R. 1240.8 (as amended by 68 Fed. Reg. 9824, 9839 (Feb. 28, 2003); Woodby v. INS, 385 U.S.

Pinho v. Gonzales, 432 F.3d 193, 195 (3d Cir. 2005) (approving the Boards distinction between "convictions vacated for rehabilitative purposes and those vacated because of underlying defects in the criminal proceedings").

Matter of Marroquin, 23 I. & N. Dec. 705 (AG Jan. 18, 2005) ("This definition [of conviction, under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)], though broad, is clearly not intended to encompass convictions that have been formally entered but subsequently reversed on appeal or in a collateral proceeding for reasons pertaining to the factual basis for, or procedural validity of, the underlying judgment. Cf. In re P-, 9 I&N Dec. 293 (A.G.

United States v. Booker, 125 S.Ct. 738, 73 USLW 4056 (Jan. 12, 2005) (Sixth Amendment as construed by Blakely v. Washington, 542 U.S. ___ (2004), applies to the Federal Sentencing Guidelines because they are mandatory; advisory provisions would not implicate the Sixth Amendment, because judges may exercise broad discretion in imposing a sentence within a statutory range).

United States v. Villegas, __ F.3d __, 2005 WL 627963 (5th Cir. March 17, 2005) (case remanded for resentencing in light of United States v. Booker, 125 S.Ct. 738 (2005), to determine whether four level enhancement to 18 U.S.C. 922(g)(5) conviction sentence was proper upon court finding that firearm possession was in connection with use of fraudulent immigration documents).