De Hoyos v. Mukasey, 551 F.3d 339 (5th Cir. Dec. 8, 2008) (prior grant of cancellation for conviction following drug conviction did not preclude later use of that conviction in subsequent removal proceedings; cancellation of removal only works to avoid removal under the proceeding in which it has been granted).

Massis v. Mukasey, 549 F.3d 631 (4th Cir. Dec.9, 2008) ("an alien's failure to dispute an issue on appeal to the BIA constitutes a failure to exhaust administrative remedies that bars judicial review."), following Kurfees v. Immigration & Naturalization Service, 275 F.3d 332 (4th Cir.2001).

Massis v. Mukasey, 549 F.3d 631 (4th Cir. Dec. 9, 2008) ("The BIA's denial of a motion to reopen is reviewed for an abuse of discretion and should be reversed only if the decision is arbitrary, capricious, or contrary to law. Afanwi v. Mukasey, 526 F.3d 788, 794 (4th Cir.2008) (citing Immigration & Naturalization Serv. v. Doherty, 502 U.S. 314, 323-24 (1992); Barry v. Gonzales, 445 F.3d 741, 744-45 (4th Cir.2006)).

Massis v. Mukasey, 549 F.3d 631 (4th Cir. Dec.9, 2008) ("The state of the law as it existed at the time of Massis's removal hearing supports the BIA's determination. Accord Mbea v. Gonzales, 482 F .3d 276, 281 (4th Cir.2007) (noting that the law "then in effect" at the time of an alien's conviction would apply to the alien's removal proceedings (citing Immigration & Naturalization Serv. v. St. Cyr, 533 U.S. 289 (2001))).").

Ragoonanan v. USCIS, 2007 WL 4465208 (D. Minn. Dec. 18, 2007) (unpublished) (district court ruled against USCIS, holding a recent DUI conviction was not a basis to deny naturalization).

Ragoonanan v. USCIS, 2007 WL 4465208 (D. Minn. Dec. 18, 2007) (unpublished) (district court ruled against USCIS, holding a recent DUI conviction was not a basis to deny naturalization).

Valenzuela-Solari v. Mukasey, 551 F.3d 53 (1st Cir. Dec. 22, 2008) (issue of whether noncitizen had made false claim of citizenship was not rendered moot due to the fact that noncitizen had conceded removability on other grounds; the fact that a false claim of citizenship creates a permanent bar to future admission to the U.S. [unlike the conceded ground of removal], makes claim reviewable).

Evanson v. Attorney General, 550 F.3d 284 (3d Cir. Dec. 19, 2008) (rejecting Governments argument that court can look to complaint, later superseded by an information, to determine the nature of the conviction; "The Government is correct that the criminal information, as the relevant charging document, is an appropriate record to consider. However, a court applying the modified categorical approach may only consider the charging document to the extent that the petitioner was actually convicted of the charges. Cf. Steele v.

Evanson v. Attorney General, 550 F.3d 284 (3d Cir. Dec. 19, 2008) ("Further, we may not look to factual assertions in the judgment of sentence. Facts a judge considers in making a discretionary sentencing determination are not necessarily admitted by the defendant. Cf., Commonwealth v. Lane, 941 A.2d 34, 38 (2008).

Samuels v. Chertoff, 550 F.3d 252 (2d Cir. Dec. 19, 2008) (regulation at 8 U.S.C. 1212.7(d), requiring a showing of exceptional and extremely unusual hardship by noncitizens convicted of violent crimes is not inconsistent with INA 212(h), or arbitrary or capricious, and may be applied to convictions predating its publication date; case remanded because BIA may have misapplied the regulation in this case, since it only considered hardship to the petitioners family, but not the petitioner himself.)