Santos v. Mukasey, 516 F.3d 1 (1st Cir. Feb. 13, 2008) (although that Government bears the burden of proving alienage, once given, the burden shifts to the noncitizen to show, by a fair preponderance of the evidence, proof of derivative citizenship).

United States v. Barsumyan, 517 F.3d 1154 (9th Cir. Feb. 28, 2008) (probation condition that if noncitizen is deported and reenters the country, he must report to the United States Probation Office held valid).

Matter of Cabrera, 24 I. & N. Dec. 459 (BIA Feb. 27, 2008) (costs and surcharges imposed in Florida deferred adjudication proceeding constitute a form of "punishment" or "penalty" for purposes of establishing that a noncitizen has suffered a "conviction" within the meaning of INA 101(a)(48)(A)). Note: the court here sought to establish a national standard (rather than relying on Florida state law), and includes amounts paid in restitution as a cost equaling "punishment."

Matter of Cabrera, 24 I. & N. Dec. 459 (BIA Feb. 27, 2008) (costs and surcharges imposed in Florida deferred adjudication proceeding constitute a form of "punishment" or "penalty" for purposes of establishing that a noncitizen has suffered a "conviction" within the meaning of INA 101(a)(48)(A)). Note: the court here sought to establish a national standard (rather than relying on Florida state law), and includes amounts paid in restitution as a cost equaling "punishment."

Matter of Cabrera, 24 I. & N. Dec. 459 (BIA Feb. 27, 2008) (costs and surcharges imposed in Florida deferred adjudication proceeding constitute a form of "punishment" or "penalty" for purposes of establishing that a noncitizen has suffered a "conviction" within the meaning of INA 101(a)(48)(A)). Note: the court here sought to establish a national standard (rather than relying on Florida state law), and includes amounts paid in restitution as a cost equaling "punishment."

People v. Paredes, 72 Cal.Rptr.3d 867 (Cal.App. 4 Dist. Feb. 26, 2008) (agreement of state to JRAD does not constitute an express or implied promise that the conviction will not render the noncitizen deportable; the fact that the federal immigration laws changed retroactively to make 1987 manslaughter conviction deportable as an aggravated felony not sufficient to show that the original 1987 plea agreement had been violated).

In re Imran Q., 57 Cal.Rptr.3d 233, Previously published at: 149 Cal.App.4th 581, (April 9, 2007) No. B188613 (reversing order that defendant pay close to $18,000 in restitution for injuring the victim in a hit and run, where trial court failed to recognize that some portion of the victim's civil settlement with defendant likely included compensation for the victim's pain and suffering, and the record does not show the parties or court attempted to allocate the settlement between economic damages supporting restitution and pain and suffering, which do not support restitution).

Post-Deportation Human Rights Project practice advisory, "Filing Post-Departure Motions to Reopen or Reconsider," at www.bc.edu/postdeportation. The advisory provides guidance on filing MTRs on behalf of clients who have been ordered deported/excluded/removed and are seeking reopening or reconsideration from outside the United States.

http://obtainingforeignevidence.blogspot.com/

Dynamics of an ICE Raid, article by Josie Gonzalez, Gonzalez & Harris.
http://www.aila.org/content/default.aspx?docid=24196