Matter of Dennis, A041-468-793 (BIA Aug. 25, 2008) (unpublished) ("BIA affirms the decision of an Immigration Judge holding that a recitation of facts by a criminal prosecutor during a plea hearing cannot be considered as part of the modified categorical approach if the defendant pleads guilty under the Alford doctrine and thus does not confirm the truthfulness of the facts during the plea hearing."), siting North Carolina v. Alford, 400 U.S. 25 (1970).
http://bibdaily.com/pdfs/BIAu%208-25-08%20Dennis.pdf

Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (Congress' statutory designation of certain aggravated felonies as per se "particularly serious" crimes did not preclude the Attorney General from deciding, on a case-by-case basis, that any other crime was also "particularly serious" so as to render noncitizen ineligible for withholding of removal).



NOTE: Judge Berzon wrote a lengthy and well-reasoned dissent, in which she reasons:

Delgado v. Mukasey, 546 F.3d 1017 (9th Cir. Oct. 8, 2008) (court of appeal lacked jurisdiction to review BIA determination whether particular offense constituted "particularly serious crime"), following Matsuk v. INS, 247 F.3d 999, 1002 (9th Cir. 2001) (particularly serious crime determination by BIA is discretionary, with no governing statutory standards, and so unreviewable by court of appeals); Ali v. Achim, 468 F.3d 462, 468 (7th Cir. 2006), cert. granted, ___ U.S. ___, 128 S.Ct. 29, 168 L.Ed.2d 806, cert. dismissed, ___ U.S. ___, 128 S.Ct. 828, 169 L.Ed.2d 624 (2007) (same); Tunis v.

Ajlani v. Chertoff, 545 F.3d 229 (2d Cir. 2008) (district court lacked jurisdiction to review the propriety of pending removal proceedings; pendency proceedings precluded plaintiff from stating a present claim for naturalization).

Matter of Andres Armendarez-Mendez, 24 I&N Dec. 646 (BIA 2008) (pursuant to 8 C.F.R. 1003.2(d) (2008), BIA lacks authority to reopen removal, deportation, or exclusion proceedings - whether on motion of noncitizen or sua sponte - if the noncitizen has departed the United States after those administrative proceedings have been completed).
http://www.usdoj.gov/eoir/vll/intdec/vol24/3626.pdf

Garcia v. Atty Gen. of U.S., 545 F.3d 252 (3d Cir. Oct. 28, 2008) (five-year statute of limitations period for Attorney General to rescind a noncitizens adjustment of status on ground that noncitizen was ineligible for such adjustment, under 8 U.S.C. 1256(a), also bars DHS from charging deportability because she was inadmissible at time of entry or adjustment of status under INA 212(a)(7)(A)(i)(I), after a five year period).

Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (in evaluating the nature of the offense of conviction under the categorical analysis for removal purposes, the court cannot go outside the elements of the offense of conviction).

Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (in evaluating the nature of the offense of conviction under the modified categorical analysis for removal purposes, the court cannot go outside the elements of the offense of conviction).

Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court of appeals owes no Chevron deference to one-judge, non-precedential, unpublished BIA order), citing United States v. Mead Corp., 533 U.S. 218, 226-27 (2001).

Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court of appeals owes no Chevron deference to BIA decision where it did not interpret a statute, but merely provided a "guide" to later interpretation).