Gradiz v. Gonzales, 490 F.3d 1206, ___, (10th Cir. Jun. 20, 2007) (Wyoming deferred entry of plea and sentence, under Wyo. Stat. 7-13-301 ("Without entering a judgment of guilt or conviction, [the court may] defer further proceedings and place the person on probation for a term not to exceed five (5) years."), was not equivalent to expungement under Federal First Offender Act, 18 U.S.C. 3607, for purposes of avoiding a conviction under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A) for immigration purposes).

Gradiz v. Gonzales, 490 F.3d 1206, ___ (10th Cir. Jun. 20, 2007) (court of appeal can reach claim that controlled substances conviction does not constitute an aggravated felony, under Lopez, even though respondent failed to exhaust before the IJ or BIA because the law was clear against him, under the miscarriage of justice exception to the exhaustion doctrine of 8 U.S.C. 1252(d)(1)), following Marrero Pichardo v. Ashcroft, 374 F.3d 46, 53 (2d Cir. 2004); see Coleman v. Thompson, 501 U.S. 722, 750 (1991); Goonsuwan v. Ashcroft, 252 F.3d 383, 389 (5th Cir.

Gradiz v. Gonzales, 490 F.3d 1206, ___ (10th Cir. Jun. 20, 2007) (Wyoming conviction under divisible statute assumed to penalize both possession or possession for sale of a controlled substance constituted a "drug trafficking crime," under 18 U.S.C. 924(c)(2), and thus an aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), because: "The order deferring imposition of Mr. Batrez Gradiz's sentence, which was signed by his attorney, is the functional equivalent of a plea agreement.

Theodros v. Gonzales, 490 F.3d 396 (5th Cir. Jun. 25, 2007) (false claim of U.S. citizenship for purposes of obtaining private-sector employment triggers removability under 8 U.S.C. 1227(a)(3)(D) and 1182(a)(6)(C)(ii)(I)), distinguishing United States v. Karaouni, 379 F.3d 1139, 1145 (9th Cir. 2004).

United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.

United States v. Norbury, 492 F.3d 1012, ___ (9th Cir. Jun. 25, 2007) (determination of whether current controlled substances offense was committed after a prior conviction for a felony drug offense has become final, so as to enhance federal sentence under 21 U.S.C.

Ruiz-Almanzar v. Ridge, 485 F.3d 193 (2d Cir. May 8, 2007) (rule of lenity in interpreting immigration statutes is a last resort, used only when the other rules of statutory construction leave a statute ambiguous; Chevron rule of deference can be used to interpret an ambiguous provision prior to using the rule of lenity).

The regulations do not specifically address the issue of joinder or consolidation, but the Immigration Judge has wide latitude to order consolidation if necessary to promote administrative efficiency. Matter of Taerghodsi, 16 I. & N. Dec. 260, 262-63 (BIA 1977) (citing former 8 C.F.R. 242.8(a)). Consolidation is proper when two or more hearings share the same or substantially similar evidence and material to matters at issue. 28 C.F.R. 68.16.

On May 22, 2007, the EOIR issued new guidelines on the appearance of unaccompanied minors in the immigration courts:
http://www.usdoj.gov/eoir/efoia/ocij/oppm07/07-01.pdf

United States v. Davis, 487 F.3d 282 (5th Cir. May 17, 2007) (Texas robbery conviction, in violation of Penal Code 29.02(a), is a crime of violence for purposes of the Armed Career Criminal Act).