Cardenas-Delgado v. Holder, __ F.3d __ No. 11-72057 (9th Cir. 2013) (relief under former INA 212(c) is available to noncitizens who were convicted by jury trial; it is not required that the noncitizen establish reliance to show repeal of former INA 212(c) was impermissibly retroactive).

United States v. Cabrera-Gutierrez, ___ F.3d ___, 2013 WL 2378574 (9th Cir. Jun. 3, 2013) (Oregon conviction for violation of ORS 163.425, second degree sexual abuse, was a crime of sexual abuse for federal sex offender registry purposes where the plea agreement indicated that the victim was unable to consent due to intoxication).
NOTE: This case was published prior to Descamps v. United States, __ U.S. __ (Jun. 20, 2013).

United States v. Avery, 719 F.3d 1080, 1084 (9th Cir. Jun. 18, 2013) (As we have stated in other contexts, plea agreements are contracts, and are premised on the notion that the negotiated guilty plea represents a bargained-for quid pro quo. United States v.

Rivas v. Napolitano, 714 F.3d 1108 (9th Cir. Apr. 25, 2013) (court lacked jurisdiction to compel immigration authorities to act upon alien's visa application, but doctrine of consular nonreviewability did not bar federal court's jurisdiction over alien's action to require immigration authorities to act upon his request for reconsideration of the denial of the application).

Corro Barragan v. Holder, __ F.3d __ (9th Cir. Jun. 10, 2013) (a noncitizen must have one year of uninterrupted physical presence in the United States in order to be eligible for voluntary departure under 8 U.S.C. 1229c(b)), agreeing with Medina Tovar v. U.S. Att'y Gen., 646 F.3d 1300, 1306 (11th Cir. 2011).

The Practice Advisory "UPDATE: Using the California Chart and Notes After Moncrieffe v. Holder and Olivas-Motta v. Holder" provides a brief overview of the holdings in the Supreme Court Moncrieffe decision and the Ninth Circuit Olivas-Motta decision. It also sets out a preliminary update on some Calif. offenses in the Calif. Notes & Chart. The 2013 version of the Calif. Notes and Chart is available for download at www.ilrc.org/crimes.

United States v. Windsor, __ S.Ct. __ (Jun. 26, 2013) (the Defense of Marriage Acts violated equal protection by denying federal benefits to gay married couples).

Descamps v. United States, 570 U.S. ___, 133 S.Ct. 2276 (June 20, 2013) (the modified categorical approach does not authorize a fact-based inquiry; court may use the modified approach only to determine which alternative element in a divisible statute formed the basis of the conviction.).

United States v. Gomez, __ F.Supp.2d __, 2013 WL 2147021 (S.D. Fla. May 15, 2013) (revoking naturalization where noncitizen failed to disclose conviction for drug trafficking on naturalization application).

Alleyne v. United States, __ S.Ct. __ (2013) (any fact that increases the mandatory minimum is an "element" that must be submitted to the jury, rather than the judge).