Saleh v. Gonzales, ___ F.3d ___, 2007 WL 2033497 (2d Cir. July 17, 2007) ("the BIA has reasonably concluded that an alien remains convicted of a removable offense for federal immigration purposes when a state vacates the predicate a conviction pursuant to a rehabilitative statute."), citing Pickering v. Gonzales, 465 F.3d 263, 266 (6th Cir. 2006), vacating Matter of Pickering, 23 I. & N. Dec. 621 (BIA 2003); Alim v. Gonzales, 446 F.3d 1239, 1249-50 (11th Cir.2006); Pinho v. Gonzales, 432 F.3d 193, 195 (3d Cir. 2005); Ramos v. Gonzales, 414 F.3d 800, 805-06 (7th Cir. 2005); Cruz-Garza v.

United States v. Snellenberger, __ F.3d __ 2007 WL 1977098 (9th Cir. Jul. 10, 2007) (in the context of criminal sentencing, a minute order is "not a judicial record that can be relied upon" to establish the nature of a prior conviction), amending 480 F.3d 1187 (9th Cir. 2007).

Szpak v. DHS, __ F.Supp.2d __, 2007 WL 2128366 (E.D.N.Y. Jul. 25, 2007) (the fact that applicant stated that he had not been arrested [after prior indication that he had] was not an intentional misstatement to the government where applicant could have believed that the expungement of the records of those arrests meant that he could state to the government that he had no longer been arrested).
http://bibdaily.com/pdfs/Szpak%207-25-07.pdf

Szpak v. DHS, __ F.Supp.2d __, 2007 WL 2128366 (E.D.N.Y. Jul. 25, 2007) (domestic violence arrests 10 years prior to naturalization application do not bar a showing of good moral character where applicant has demonstrated rehabilitation).

United States v. Figueroa-Ocampo, __ F.3d __, 2007 WL 2104787 (9th Cir. July 24, 2007) (under the Supreme Court's recent decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), simple possession cannot be treated as an aggravated felony for sentencing purposes unless possession of the particular drug would be a felony if prosecuted under federal law).

The New York City Bar Association issued a report calling for more pre-plea/deferred prosecution diversion programs (as opposed to deferred adjudication programs that require an upfront guilty plea and thus often leave immigrants deportable), since immigrants should have meaningful access to alternatives to incarceration that can also operate as alternatives to deportation. See http://www.nycbar.org/pdf/report/Immigration_Consequences_Report.pdf).

A Jailhouse Lawyer's Manual: Immigration and Consular Access
Columbia Human Rights Law Review, 2007
http://www.bibdaily.com/pdfs/Immigration%20and%20Consular%20Access%20Sup...

United States v. Gutierrez-Bautista, __ F.3d __, 2007 WL 2153214 (5th Cir. Jul. 27, 2007) (Georgia conviction for violation of Ga.Code Ann.

Morgan v. Gonzales, __ F.3d __, 2007 WL 2127707 (9th Cir. Jul. 26, 2007) (United States is not estopped from removing an aggravated felon based on governments alleged agreement not to deport him in exchange for his cooperation in a federal drug prosecution where there was no claim that an official having the authority to do so made a specific promise of such relief).

United States v. Grisel, 488 F.3d 844 (9th Cir. Jun. 5, 2007) (en banc) (Oregon conviction of second-degree burglary, in violation of Or.Rev.Stat. 164.215(1), is not a categorical burglary for purposes of the Armed Career Criminal Act, 18 U.S.C. 924(e)(1), to apply a sentence enhancement requiring a minimum of 180 months in prison, because it encompasses burglary of non-buildings, and therefore falls outside the federal definition of generic burglary), overruling United States v. Cunningham, 911 F.2d 361 (9th Cir.