New Memo: HYPERLINK "http://bibdaily.com/pdfs/Langlois%208-5-08.pdf" http://bibdaily.com/pdfs/Langlois%208-5-08.pdf

Cospito v. Atty Gen. U.S., 539 F.3d 166 (9th Cir. Aug. 13, 2008) (decisions made by adjudicative officers at border or in making decision on adjustment of status to not collaterally stop DHS from raising same issues before IJ).

Choin v. Mukasey, 537 F.3d 1116 (9th Cir. Aug. 12, 2008) ("When the BIA advances its interpretation of an ambiguous statute in an unpublished decision, that interpretation is not entitled to Chevron deference. See Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1012 (9th Cir.2006). Unpublished BIA decisions are instead given Skidmore deference, entitling the interpretation to a respect proportional to its power to persuade. Garcia-Quintero, 455 F.3d at 1014; (applying the deference scheme laid out in Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).

People v. Cross, 45 Cal.4th 58, 190 P.3d 706 (Aug. 28, 2008)(great bodily injury enhancement of sentence for committing a lewd act on a child under the age of 14, affirmed where pregnancy without medical complications is sufficient to find great bodily injury).

Borrego v. Mukasey, 539 F.3d 689, 2008 WL 3892137 (7th Cir. Aug. 25, 2008) (noncitizen who fraudulently received visitors visa, then married a USC, could not retroactively apply for a nonimmigrant wavier of inadmissibility under INA 212(d)(3), and thus become eligible to adjust status pursuant to marriage), following Matter of Fueyo, 20 I & N Dec. 84 (BIA 1989).

Iglesias v. Mukasey, 540 F.3d 528, 2008 WL 3877302 (7th Cir. Aug. 22, 2008) (petitioners allegation that BIA ignored evidence of marriage to U.S. citizen was an allegation of error subject to judicial review).

De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).

De Rincon v. Dep't of Homeland Sec., 539 F.3d 1133, 2008 WL 3863863 (9th Cir. Aug. 21, 2008) (circuit court lacked jurisdiction to hear collateral attack on reinstated expedited removal order; district court lacked jurisdiction to consider habeas petition challenging expedited removal order).

Garcia De Rincon v. DHS, 539 F.3d 1133 (9th Cir. Aug. 21, 2008) (circuit and district courts lack jurisdiction to review reinstatement of removal; rejecting suspension clause argument regarding habeas petition).

Cui v. Mukasey, 538 F.3d 1289 (9th Cir. Aug. 19, 2008) (IJ abused discretion in refusing to grant continuance to allow respondent to resubmit fingerprints for background security check).