Melendez v. Gonzales, __ F.3d __, 2007 WL 2713121 (9th Cir. Sept. 19, 2007) (a noncitizen may not obtain a Lujan expungement for immigration purposes on a second offense were the noncitizen has already been given "pretrial diversion" treatment on a prior offense, even though "pre-trial diversion" does not require the noncitizen to enter a plea of guilty to a controlled substances offense).

Kawashima v. Gonzales, __ F.3d __, 2007 WL 2702330 (9th Cir. Sept. 18, 2007) (federal conviction of violating 26 U.S.C. 7206(1), subscribing to a false statement on a tax return, qualified as an aggravated felony fraud offense, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), where the record of conviction established, based on stipulation in plea agreement, that the offense resulted in a loss to the government of more than $10,000).

Kawashima v. Gonzales, __ F.3d __, 2007 WL 2702330 (9th Cir. Sept. 18, 2007) (federal conviction for violation of 26 U.S.C. 7206(2), aiding and assisting in the preparation of a false tax return, did not qualify as an aggravated felony fraud offense, under INA 101(a)(43)(M)(i), 8 U.S.C. 1101(a)(43)(M)(i), where the record of conviction did not show that the offense resulted in a tax loss in excess of $10,000; record showed only that defendant was charged with failing to report income, rather than causing loss to the government).

Puentes-Fernandez v. Keisler, __ F.3d __, 2007 WL 2782013 (4th Cir. Sept. 26, 2007) (deferring to BIAs definition of United States National). See Matter of Tuitasi, 15 I. & N. Dec. 102 (BIA 1974) ("acquisition of nationality for a noncitizen national is not governed by [8 U.S.C. 1101(a)(22) ]" but instead by 8 U.S.C. 1408, the provision describing categories of noncitizen nationals; "a noncitizen may become a U.S. national only by completing the naturalization process, by birth to U.S. national parents, or by birth in an outlying possession of the United States.").

Fernandez v. Keisler, ___ F.3d ___, 2007 WL 3036814 (2d Cir. Sept. 26, 2007) (noncitizen did not qualify as a "national" of the United States as one who owes "permanent allegiance" to the United States and thus qualifies as a U.S. national under INA 101(a)(22)(B), 8 U.S.C. 1101(a)(22)(B) (West 2005)).

Dulal-Whiteway v. US Dep't of Homeland Sec., 501 F.3d 116 (2d Cir. Sept. 19, 2007) (neither a PSR, nor a statement of restitution, are included in the record of conviction; "Though the Shepard Court did not address the issue of a restitution order, its logic clearly excludes such a document [from the record of conviction]. The restitution set by a judge is based on a loss amount established by a preponderance of the evidence and need not be tied to the facts admitted by a defendant's plea. See 18 U.S.C.

Dulal-Whiteway v. US Dep't of Homeland Sec., 501 F.3d 116 (2d Cir. Sept. 19, 2007) (federal conviction for violation of 18 U.S.C. 922(a)(6), false statement in order to obtain a firearm, is divisible with respect to whether the conviction constitutes a firearms offense under immigration law, since the statute also punishes making a false statement in order to obtain ammunition; the record of conviction here showed the conviction was for false statement in order to obtain a firearm, and the conviction therefore constitutes a deportable firearms offense).

J. Sands & C. Bales, American Indian Culture and Federal Crimes, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 523 (2d ed. 2007).

M. Shein, Cultural Issues in Sentencing, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 625 (2d ed. 2007).

T. O'Toole, Appeal and Post Conviction Review, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 663 (2d ed. 2007).