Medellin v. Texas, ___ U.S. ___, 128 S.Ct. 1346 (Mar. 25, 2008) (neither an International Court of Justice case, Case Concerning Avena and Other Mexican Nationals (Mex. v. U. S.), 2004 I. C. J. 12, nor a memorandum issued by the President of the United States constitutes directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions, affirming dismissal of a habeas petition in a death penalty case raising a claim that petitioner was not informed of his Vienna Convention right to notify the Mexican consulate of his detention).

Augustin v. Attorney General, 520 F.3d 264 (3d Cir. Mar. 20, 2008) (BIA did not err in refusing to impute to a noncitizen who entered the United States as a minor the parent's years of continuous residence in order to meet the seven-year requirement for cancellation of removal), declining to follow Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005) (parent's preceding years of residence in the United States are imputed to a minor child in application for cancellation of removal) , and distinguishing Morel v. INS, 90 F.3d 833 (3d Cir.

Graham v. Mukasey, ___ F.3d ___ (6th Cir. Mar. 20, 2008) (expedited removal procedure, pursuant to 8 U.S.C. 1228(b), violated neither due process not equal protection rights).

Rodriguez v. Mukasey, 519 F.3d 773 (8th Cir. Mar. 19, 2008) (noncitizen who checks "citizen or national of the United States" box on a Form I-9 to falsely represent himself as a U.S., citizen to secure employment with a private employer has falsely represented himself for a purpose or benefit under the INA).

    Realistic Probability of Prosecution. Traditionally, if consultation of the record of conviction did not establish that the defendant was convicted of a charge that invariably involved moral turpitude, the conviction would be presumed not to involve moral turpitude where the government bore the burden of proof.

James v. Mukasey, 522 F.3d 250 (2d Cir. Mar. 25, 2008) (remanding to the BIA to decide whether New York misdemeanor conviction of endangering the welfare of a child, in violation of Penal Law 260.10 ["knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health"], is a divisible statute).

Momeni v. Chertoff, 521 F.3d 1094 (9th Cir. Mar. 31, 2008) (persons who entered the United States under the Visa Waiver Program, who marry and apply for Adjustment of Status after their 90 days have elapsed, cannot obtain removal proceedings before being removed, and are ineligible to adjust status), distinguishing Freeman v. Gonzales, 1444 F.3d 1031 (9th Cir. 2006).

Cuko v. Mukasey, 522 F.3d 32 (1st Cir. Mar. 31, 2008) (petition for review granted because IJ improperly assumed role of a government attorney by engaging in "prosecutorial questioning").

Mar. 28, 2008
The head of Immigration and Customs Enforcement, Julie L. Myers, announced to the House Appropriations Committee that at least 304,000 immigrant criminals eligible for deportation are behind bars nationwide. The annual number of deportable immigrant inmates was expected to vary from 300,000 to 455,000, or 10 percent of the overall inmate population, for the next few years.

Desai v. Mukasey, ___ F.3d ___, 2008 WL 818946 (7th Cir. Mar. 28, 2008) (Illinois conviction of Unlawful Delivery of a Look-Alike Substance, in violation of 720 ILCS 570/404(b), constitutes a conviction of an offense "relating to" a controlled substance, under INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II): "This state law is focused on punishing those who distribute substances that would lead a reasonable person to believe it to be a controlled substance. Psilocybin is a controlled substance under the federal CSA.