United States v. Tapia-Romero, 523 F.3d 1125 (9th Cir. May 1, 2008) (cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment under 18 U.S.C. 3553(a) and 3582(a)).

Choe v. Torres, 525 F.3d 733 (9th Cir. Apr. 29, 2008) (habeas corpus petition challenging extradition to the Republic of Korea affirmed as to charge that defendant bribed an officer, but reversed as to charge where there was no competent evidence to support a magistrate judge's finding of probable cause that defendant committed the particular acts "for which extradition [was] requested.").

United States v. Krstic, 2007 WL 4303759 (D. Ore. Dec. 10, 2007) (dismissing indictment charging possession of false alien registration receipt card for failure to allege that the defendant knew it was false: "The Court, therefore, concludes under these circumstances that [8 U.S.C.] 1546(a), paragraph one, criminalizes possession of a knowingly forged, counterfeited, altered, or falsely made alien registration receipt card that was also knowingly procured by means of a false claim or statement.

United States v. Solis-Bermudez, 501 F.3d 882 (8th Cir. Sept. 13, 2007) (district court did not abuse discretion in varying upward from sentencing guidelines and imposing 60 month non-guidelines sentence for illegal re-entry following conviction of an aggravated felony; "In the wake of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences to determine whether the district court abused its discretion by imposing an unreasonable sentence on the defendant. United States v. Haack, 403 F.3d 997, 1003 (8th Cir.), cert.

Bosede v. Mukasey, 512 F.3d 946, ___ (7th Cir. January 14, 2008) ("since we cannot be confident that Bosedes hearing comported with statutory requirements or met minimum standards of due process, Bosede is entitled to a new one."), citing Floroiu v. Gonzales, 481 F.3d 970, 976 (7th Cir. 2007).

Matter of Baires-Larios, 24 I. & N. Dec. 467 (BIA 2008) (child who has satisfied the statutory conditions of former INA 321(a), 8 U.S.C. 1432(a) (1988), before reaching the age of 18 years, has acquired United States citizenship, regardless of whether the naturalized parent acquired legal custody of the child before or after the naturalization).

See also Simon Azar Farr, The Definition of "Conviction" for Immigration Purposes: The Fifth Circuit versus Everyone Else, 12 BENDER'S IMMIGR. BULL. 1347 (Oct. 1, 2007).

Waldron v. INS, 17 F.3d 511 (2d Cir. 1993), cert. denied, 513 U.S. 1014 (1994) (Immigration Judge errs by disqualifying respondent's chosen counsel from representing the respondent, which is a per se violation of due process in the Second Circuit, regardless of whether prejudice is shown), citing Montilla v. INS, 926 F.2d 162 (2d Cir. 1991); see Matter of Santos, 19 I. & N. Dec. 103 (BIA 1984); Reno v. Flores, 507 U.S. 292, 306 (1993) (Fifth Amendment entitles noncitizen to due process of law in deportation proceedings).

Ramirez v. Mukasey, 520 F.3d 47 (1st Cir. Mar. 14, 2008) (Massachusetts conviction of indecent assault on person aged 14, in violation of M.G.L.A. c. 265, 13H, is an aggravated felony crime of violence; although the statute may be violated by a merely offensive touching, the statute requires a showing of lack of consent, and therefore commission of the crime involves a substantial risk that violence will be used).

James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) ("Finally, in the sentencing context, which has long informed our jurisprudence regarding aggravated felony findings under the INA, we recently remanded a case because it was unclear to what extent the District Court based its sentencing enhancement (for a "pattern of activity involving the sexual abuse or exploitation of a minor") on unsubstantiated charged conduct.")