James v. Holder, 698 F.3d 24, *28 (1st Cir. Oct. 19, 2012) (Whether Shepard's reference to the records of the convicting court, 544 U.S. at 23, excludes records of an appeals court decision in the same case is an unresolved question. A Ninth Circuit decision may have thought that it did, Morales v. Gonzales, 478 F.3d 972, 983 (9th Cir.2007), but Morales relied on BIA precedents and the BIA subsequently said Morales misread those precedents. See In re N"A"M", 24 I. & N. Dec. 336, 344 (B.I.A .2007).).

Fuller v. BIA, ___ F.3d ___, ___, 2012 WL 4875696 (2d Cir. Oct. 16, 2012) (petition for review is moot because the court can provide no effective relief from a removal order that has been vacated and replaced by an order that relies on materially different reasoning).

Esparza-Rodriguez v. Holder, 699 F.3d 821 (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, where there was a heightened mens rea, the use of a weapon, and violent conduct, applying the modified categorical analysis).

Esparza-Rodriguez v. Holder, 699 F.3d 821, *823, 2012 WL 4937384 (5th Cir. Oct. 18, 2012) (To rise to the level of a CIMT, the BIA has held that an assault statute must have at least two characteristics. First, the scienter element must require specific intent, or, put another way, the actus reus must be accompanied by the evil intent, depraved or vicious motive, or corrupt mind associated with moral turpitude. Id. at 241. Second, the assault statute must require a meaningful level of harm, which must be more than mere offensive touching. Id. at 241"42.

Esparza-Rodriguez v. Holder, 699 F.3d 821 (5th Cir. Oct. 18, 2012) (Texas conviction of assault, in violation of Tex. Penal Code 22.01(a)(1), where the record shows intentional mens rea, is a crime of moral turpitude for immigration purposes), following Matter of Solon, 24 I. & N. Dec. 239, 241"42 (BIA 2007).

Young v. Holder, 697 F.3d 976, *982 (9th Cir. Sept. 17, 2012)(en banc) (In Shepard, 544 U.S. at 26, the Supreme Court imposed evidentiary limitations on the types of documents that we may consider under the modified categorical approach; we may review only the charging instrument, transcript of the plea colloquy, plea agreement, and comparable judicial record of this information. Id . That holding applies here [when determining eligibility for cancellation of removal because the statute refers to generic crimes.]).

Young v. Holder, 697 F.3d 976, *985 (9th Cir. Sept. 17, 2012) (en banc) (We hold that federal law principles determine the effect of a guilty plea under the modified categorical approach.).

Young v. Holder, 697 F.3d 976 (9th Cir. Sept. 17, 2012) (en banc) (Under the modified categorical approach, a guilty plea to a conjunctive count does not necessarily admit every possible version of the crime. . . . [U]nder the modified categorical approach, when a conjunctively phrased charging document alleges several theories of the crime, a guilty plea establishes conviction under at least one of those theories, but not necessarily all of them. . . .

Young v. Holder, 697 F.3d 976 (9th Cir. Sept. 17, 2012) (en banc)(By placing the burden on the alien to show that prior convictions do not constitute aggravated felonies, the REAL ID Act established that an inconclusive record of conviction does not demonstrate eligibility for cancellation of removal, notwithstanding our holdings to the contrary in Sandoval"Lua, 499 F.3d at 1130, and Rosas"Castaneda, 655 F.3d at 886.).

In Young v. Holder, 697 F.3d 976 (9th Cir. Sept. 17, 2012) (en banc), the Ninth Circuit held that Petitioner failed to exhaust the claim that his conviction was not for a violation of a law relating to a controlled substance within the meaning of 8 U.S.C. 1227(a)(2)(B)(i), so the court lacked jurisdiction over that claim. It also held that the evidentiary limitations articulated in Shepard v. United States, 544 U.S.