"While there is some doubt as to which methods of proof are acceptable in [a removal proceeding], there is no question that authentication is necessary." Iran v. INS, 656 F.2d 469, 472 (9th Cir. 1981), citing Chung Young Chew v. Boyd, 309 F.2d 857, 866-67 (9th Cir. 1962). 8 C.F.R. 287.6 provides: "In any proceedings under this chapter, an official record or entry therein, when admissible for any purpose, shall be evidenced by an official publication thereof, or by a copy attested by the official having legal custody of the record or by an authorized deputy."

"While there is some doubt as to which methods of proof are acceptable in [a removal proceeding], there is no question that authentication is necessary." Iran v. INS, 656 F.2d 469, 472 (9th Cir. 1981), citing Chung Young Chew v. Boyd, 309 F.2d 857, 866-67 (9th Cir. 1962). 8 C.F.R. 287.6 provides: "In any proceedings under this chapter, an official record or entry therein, when admissible for any purpose, shall be evidenced by an official publication thereof, or by a copy attested by the official having legal custody of the record or by an authorized deputy."

In the absence of a conviction, a finding of guilt cannot be based on inferences of facts that the noncitizen has failed or refused to admit. Matter of GM, 7 I. & N. Dec. 40 (Att'y Gen. 1956); Matter of EN, 7 I. & N. Dec. 153 (BIA 1956).

Al-Najar v. Mukasey, __ F.3d __, 2008 WL 245632 (6th Cir. Jan. 31, 2008) (petitioner's challenge to the state court conviction in immigration court constituted an impermissible collateral attack).

Salazar v. Mukasey, __ F.3d __, 2008 WL 245757 (6th Cir. Jan. 31, 2008) (BIA abused its discretion by refusing to consider whether the circumstances presented by petitioner were "extraordinary or unique" as a basis for extending the deadline for notice of appeal).

United States v. Hawley, __ F.3d __, 2008 WL 239442 (5th Cir. Jan. 30, 2008) (California conviction for grand theft from a person, in violation of California Penal Code 487(2) is a "violent felony" for purposes of the Armed Career Criminal Act, as an offense that presents a serious potential risk of physical injury to another.)

United States v. Pacheco-Diaz, __ F.3d __, 2008 WL 220692 (7th Cir. Jan. 29, 2008) (petition for rehearing en banc denied; second simple possession conviction is an aggravated felony regardless of whether the first simple possession was charged as a prior in prosecution for the second offense). Note: one of the three judges dissented from this denial.

Tran v. Mukasey, __ F.3d __, 2008 WL 216409 (5th Cir. Jan. 28, 2008) (8 U.S.C. 1231(a)(6) does not authorize the continued and potentially indefinite detention of a removable noncitizen based on a determination that the noncitizen's mental illness renders him a dangerous risk to the community).

Immigration counsel have been successful in persuading immigration judges that a conviction of possession of drug paraphernalia qualified under the exception to controlled substances conviction deportability for a single offense of possession of marijuana, especially prior to Luu-Le v. INS, 224 F.3d 911 (9th Cir. 2000), in two situations: (1) where the Record of Conviction affirmatively showed that the offense involved 30 grams or less of marijuana, and (2) where the Record of Conviction was silent.

Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 115 (1983) (Federal firearms disabilities applied with respect to one who pled guilty to a State offense punishable by imprisonment for more than one year, even if the record of the State criminal proceeding was subsequently expunged following a successfully served term of probation: "expunction under state law does not alter the historical fact of the conviction, . . . does not alter the legality of the previous conviction[,] and does not signify that the defendant was innocent of the crime to which he pleaded guilty"); United States v.