United States v. Yida, ___ F.3d ___, 2007 WL 2325143 (9th Cir. Aug.

United States v. Garcia-Medina, ___ F.3d ___, 2007 WL 2317381 (8th Cir. Aug. 15, 2007) (California conviction of sale or transportation of a controlled substance, in violation of Health & Safety Code 11352(a), is overinclusive and includes both drug trafficking offenses that properly trigger 16-level sentence enhancement for illegal reentry after deportation under USSG 2L1.2(b)(1)(A)(i) (Nov. 2005), and other offenses that do not).

United States v. Morales-Martinez, ___ F.3d ___, 2007 WL 2255292 (5th Cir. Aug. 8, 2007) (Texas conviction for delivery of controlled substance, in violation of Texas Health and Safety Code 481.112, was not a "drug trafficking offense" within meaning of USSG 16-level enhancement for illegal reentry after deportation, under USSG 2L1.2(b)(1)(A)(i), as neither the statutory language nor the charging document necessitated a finding that defendant committed a drug trafficking offense; Tex.

Immigrants are less likely to commit predatory crimes than are native-born American citizens. Numerous studies have consistently found that immigrants are, in fact, less likely to commit crimes than the native-born. Despite this fact, restrictionist groups and sensationalizing media continue to propagate false images of immigrant communities plagued by crime and violence. The nation's leading experts on immigration and crime are setting the record straight.

Sandoval-Lua v. Gonzales, ___ F.3d ___, 2007 WL 2421427 (9th Cir. Aug. 28, 2007) (California conviction of transportation of methamphetamines, in violation of Health & Safety Code 11379(a), did not constitute a drug-trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), and therefore did not disqualify the noncitizen from eligibility for cancellation of removal for LPRs, under INA 240A(a)(3), 8 U.S.C.

Sandoval-Lua v. Gonzales, ___ F.3d ___, 2007 WL 2421427 (9th Cir. Aug. 28, 2007) (respondent in removal proceedings bares the burden of proof before the BIA to establish eligibility for relief by a preponderance of the evidence), citing 8 C.F.R. 1240.8(d); see also Salviejo-Fernandez v. Gonzales, 455 F.3d 1063, 1066 (9th Cir. July 31, 2006) ("[A]n alien who applies for cancellation of removal bears the burden of demonstrating that he is eligible for such relief.").

Sandoval-Lua v. Gonzales, ___ F.3d ___, ___ n.7, 2007 WL 2421427 (9th Cir. Aug. 28, 2007) ("The BIA improperly considered Lua's testimony before the IJ in concluding that Lua had not demonstrated his eligibility for cancellation of removal. The certified administrative record contains Lua's admission before the IJ that his 11379(a) conviction was for delivering eight ounces of methamphetamine from a friend to another person in exchange for $450. This conduct falls within 8 U.S.C. 1101(a)(43)(B)'s definition of aggravated felony, as it is not solicitation or possession for personal use.

Sandoval-Lua v. Gonzales, ___ F.3d ___, ___ n.7, 2007 WL 2421427 (9th Cir. Aug. 28, 2007) (implying that the court may not look beyond the record of conviction in determining whether criminal offense triggers statutory bar to relief as aggravated felony or crime of moral turpitude). See also Berhe v. Gonzales, 464 F.3d 74, 85-86 (1st Cir.

Camins v. Gonzales, ___ F.3d ___, 2007 WL 2421466 (9th Cir. Aug. 28, 2007) (Fleuti [Rosenberg v. Fleuti, 374 U.S.

On August 26, 2007, a settlement was reached in the case of In re Hutto Family Detention Center, W.D. Tx., Austin Div., Case No. 1:07-cv-00164-SS, which challenged the treatment of juveniles in immigration detention at the Hutto facility in Texas. http://bibdaily.com/pdfs/Hutto%20settlement%208-26-07.pdf