United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.

United States v. Herrera-Montes, 490 F.3d 390 (5th Cir. Jun. 25, 2007) (Tennessee conviction of burglary of a dwelling, in violation of Tenn. Code Ann. 39-14-403, is not categorically a "crime of violence" for illegal re-entry sentencing purposes, since the statute of conviction punishes burglary where the intent to commit the crime was not formed until after the actor unlawfully enters or remains in a dwelling).

United States v. Ossa-Gallegos, 491 F.3d 537 (6th Cir. Jun. 21, 2007) (courts do not have authority under 18 U.S.C. 3583(d) to issue special "conditions" of supervised release which toll the period for which deported aliens are subject to supervised release).

Chhetry v. US Dep't of Justice, 490 F.3d 196 (2d Cir. Jun. 20, 2007) (BIA may not take administrative notice of facts without affording other party to rebut the inferences drawn from those facts).

Gradiz v. Gonzales, 490 F.3d 1206, ___, (10th Cir. Jun. 20, 2007) ("[T]he First Offender Act, 18 U.S.C. 3607, permits the expungement of first-time simple drug-possession offenses for all purposes, including immigration adjudications. As the Ninth Circuit noted in Lujan-Armendariz, there is no reason to suppose that Congress repealed the First Offender Act sub silentio. It thus makes sense to read the 1101(a)(48)(a) definition to exclude expungements.").

Gradiz v. Gonzales, 490 F.3d 1206, ___, (10th Cir. Jun. 20, 2007) (Wyoming deferred entry of plea and sentence, under Wyo. Stat. 7-13-301 ("Without entering a judgment of guilt or conviction, [the court may] defer further proceedings and place the person on probation for a term not to exceed five (5) years."), was not equivalent to expungement under Federal First Offender Act, 18 U.S.C. 3607, for purposes of avoiding a conviction under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A) for immigration purposes).

On May 22, 2007, the EOIR issued new guidelines on the appearance of unaccompanied minors in the immigration courts:
http://www.usdoj.gov/eoir/efoia/ocij/oppm07/07-01.pdf

United States v. Davis, 487 F.3d 282 (5th Cir. May 17, 2007) (Texas robbery conviction, in violation of Penal Code 29.02(a), is a crime of violence for purposes of the Armed Career Criminal Act).

Garcia-Maldonado v. Gonzales, 491 F.3d 284 (5th Cir. Jun. 29, 2007) (Texas conviction of failure to stop and render aid under Texas Transportation Code 550.021 is a CMT for immigration purposes; "subsection of section 550.21 that criminalizes failure to render aid proscribes behavior that runs contrary to accepted societal duties.")



NOTE: The statute of conviction does not require any intent. The court seems to imply a knowledge element, but does not cite any statutory language or cases that require knowledge.

Garcia-Maldonado v. Gonzales, 491 F.3d 284 (5th Cir. Jun. 29, 2007) (even if the conviction is on direct appeal, the conviction remained a conviction for immigration purposes under Fifth Circuit controlling precedent), following Discipio v. Ashcroft, 369 F.3d 472 (5th Cir. 2004), vacated on denial of rehearing en banc by Discipio v. Ashcroft, 417 F.3d 448 (5th Cir. 2005).