Mondragon v. Holder, 706 F.3d 535 (4th Cir. Jan. 31, 2013) (respondents sworn evidence concerning the offense conduct did not constitute part of the record of conviction on the basis of which the immigration authorities determine whether his Virginia conviction for assault and battery, in violation of Virginia Code 18.2"57, constituted an aggravated felony crime of violence for immigration purposes).

NOTE: This case demonstrates the problems with placing the burden on a respondent in removal proceedings seeking relief where the record of conviction is inconclusive.

Esparza-Rodriguez v. Holder, 699 F.3d 821, 825 (5th Cir. Oct. 18, 2012) (Texas conviction of assault, in violation of Penal Code 22.01(a)(1), properly held a crime involving moral turpitude: we cannot say that it was unreasonable for the BIA, upon careful consideration, to conclude that an intentional assault that is intended to and does cause more than a de minimis level of physical harm, is contrary to the accepted rules of morality and the duties owed between persons or to society in general.); quoting Mustafaj v. Holder, 369 Fed.Appx.

Esparza-Rodriguez v. Holder, 699 F.3d 821, 825 n.8 (5th Cir. Oct. 18, 2012) (the third-step of Silva-Trevino, which looks to the underlying facts of the conviction and beyond the record of conviction, to be inconsistent with Fifth Circuit case law), citing Bianco v. Holder, 624 F.3d 265, 269 (5th Cir.2010).

Nunez-Moron v. Holder, ___ F.3d ___, 2012 WL 5315860 (7th Cir. Oct. 30, 2012) (inadmissibility under INA 212(a)(9)(C)(i)(II), 8 U.S.C 1182(a)(9)(C)(i)(II), bars adjustment of status under INA 245(i)); following In re Briones, 24 I. & N. Dec. 355 (BIA 2007); In re Torres"Garcia, 23 I. & N. Dec. 866 (BIA 2006).

Nunez-Moron v. Holder, ___ F.3d ___, 2012 WL 5315860 (7th Cir. Oct. 30, 2012) (expedited removal broke noncitizens continuous physical presence period for purposes of non-LPR cancellation of removal).

Duron-Ortiz v. Holder, 698 F.3d 523 (7th Cir. 2012) (ten year good moral character period ends upon the date of the final administrative hearing, not when the NTA is served; noncitizen who committed act of moral turpitude after NTA had been served could therefore be barred from non-LPR cancellation of removal), upholding Matter of Ortega-Cabrera, 23 I. & N. Dec. 793 (BIA 2005)

Garfias-Rodriguez v. Holder, ___ F.3d ___, 2012 WL 5077137 (9th Cir. Oct. 19, 2012) (en banc) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I), are ineligible for adjustment of status under INA 245(i), 8 U.S.C. 1255(i); this rule applies retroactively); deferring to Matter of Briones, 24 I. & N. Dec. 355, 371 (BIA 2007), and overruling Acosta v. Gonzales, 439 F.3d 550, 553"56 (9th Cir. 2006).

Ridore v. Holder, 696 F.3d 907 (9th Cir. Oct. 3, 2012) (BIA committed legal error by reviewing the IJ's findings under a de novo rather than clear error standard).

Practice Advisory on Arizona TASC and similar programs: State no-plea diversion programs in which a defendants confession is not placed in the court file do not constitute convictions for immigration purposes under the statutory definition of conviction. INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A). The admission of facts referred to in this statute must mean an admission to the court, rather than to the prosecutor.

Matter of Davey, 26 I&N Dec. 37, 38-39 (BIA Oct. 23, 2012) (Arizona convictions of possession of marijuana, in violation of Ariz. Rev. Statute 13-3405(A)(1), and possession of drug paraphernalia (the plastic bag in which the marijuana was contained), Ariz. Rev. Statute 13-3415(A), constituted a single offense involving a small quantity of marijuana, under INA 237(a)(2)(B)(i), 8 U.S.C.