United States v. Ruiz-Rodriguez, 494 F.3d 1273 (10th Cir. Aug. 1, 2007) (Nebraska conviction of first-degree false imprisonment, under Neb.Rev.St. 28-312(1), 28-314(1), was not categorically a crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii) for unlawful reentry since a defendant could be convicted restricting a person's movement by deception (instead of force or threat) under terrorizing circumstances, which did not necessarily encompass an element of force).

United States v. Ruiz-Rodriguez, 494 F.3d 1273 (10th Cir. Aug. 1, 2007) ("Although we previously have held that a conviction for false imprisonment under some state definitions can qualify as a crime of violence, we have done so only for a different type of sentence enhancement that does not resolve the issue in this case. U.S.S.G. 2L1.2 has a more narrow definition of "crime of violence" than the enhancement for career offenders, see 18 U.S.C. 924(e) and U.S.S.G.

It is common for noncitizens to believe the concept of "citizen" includes a lawful permanent resident with papers legalizing their immigration status in the United States. (E.g., People v. Castro-Vasquez (2d Dist. March 26, 2007) 148 Cal.App.4th 1240, 1246 n.6, 56 Cal.Rptr.3d 406 ["However, the probation officer stated in his report that he told appellant he could be deported and appellant replied, 'That's O.K., I have papers.'").

Matter of Sejas, 24 I. & N. Dec. 236 (BIA 2007) (Virginia conviction of assault and battery against a family or household member in violation of Virginia Code 18.2-57.2 is not categorically a crime involving moral turpitude).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3573.pdf

Matter of Solon, 24 I.&.N. Dec. 239 (BIA 2007) (New York conviction of assault in the third degree in violation of New York Penal Law 120.00(1), which requires both specific intent and physical injury, is a crime involving moral turpitude).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3574.pdf

United States v. Morales-Martinez, ___ F.3d ___, 2007 WL 2255292 (5th Cir. Aug.

United States v. Bolanos-Hernandez, 492 F.3d 1140 (9th Cir. Aug. 6, 2007) (California conviction of assault with intent to commit rape, in violation of Penal Code 220, 261(a)(2), is crime of violence under the federal sentencing guidelines).

Vargas-Hernandez v. Gonzales, ___ F.3d ___, 2007 WL 2215796 (9th Cir. Aug. 3, 2007) (state conviction of voluntary manslaughter, with 11-year suspended sentence imposed, on condition of serving 365 days in custody as condition of probation, constituted a deportable aggravated felony conviction, despite the fact the defendant was 16 years old at the time of the offense, and argued he would have been treated as a juvenile under the Federal Juvenile Delinquency Act, because the state convicted him in adult court which was binding on the immigration courts); citing Morasch v.

Lacy v. Gonzales, __ F.3d __, 2007 WL 2372304 (6th Cir. Aug. 21, 2007) (noncitizens who enter the United States pursuant to the Visa Waiver Program waive any rights to contest removal other than on a basis of asylum).

Gaona-Romero v. Gonzales, ___ F.3d ___, 2007 WL 2372357 (5th Cir. Aug. 21, 2007) (per curiam) (since government concedes that noncitizen is no longer removable, because his conviction was vacated as legally invalid, the panel affirmance of the removal order is vacated, the case is remanded to the BIA to permit the government to withdraw its charge of removability pursuant to in Matter of Pickering, 23 I. & N. Dec. 621 (BIA 2003), vacated by Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), and the petition for rehearing is denied as moot).