Martinez v. Atty Gen. United States, 693 F.3d 408 (3rd Cir. Sept. 6, 2012) (noncitizen who entered the United States as a lawful permanent resident, but who was not lawfully entitled to LPR status, is still subject to the lawful permanent resident bars under INA 212(h)).

Corpuz v. Holder, 697 F.3d 807, *814 (9th Cir. Aug. 31, 2012) (while time in pre-conviction civil confinement to determine competence to stand trial generally would not be included in the phrase term of imprisonment for purposes of former INA 212(c), such a period is considered part of the term of imprisonment where the defendant was given credit for time served on the basis of the civil confinement, but with limitations: The question is how this time should be counted.

Garcia Carias v. Holder, 697 F.3d 257 (5th Cir. Sept. 27, 2012) (post-departure regulation held not to prevent noncitizen from pursuing motion to reopen removal proceedings after he had been removed from the United States).

Aguilar-Turcios v. Holder, 691F.3d 1025 (9th Cir. Aug. 15, 2012) (military conviction of violating UCMJ Article 92, which prohibits violat[ing] or fail[ing] to obey any lawful general order or regulation, see 10 U.S.C. 892(1), did not amount to a violation of 18 U.S.C. 2252(a)(2) and (a)(4), under the modified categorical approach, because the facts on which the conviction necessarily rested do not satisfy the elements of either 18 U.S.C. 2252(a)(2) or (a)(4), and therefore do not constitute deportable child pornography aggravated felony convictions under INA 101(a)(43)(I), 8 U.S.C.

United States v. Iqbal, 684 F.3d 507 (5th Cir. 2012) (affirming district court order releasing portions of the presentence report from a criminal case to DHS for use in removal proceedings, because the reasons for confidentiality can be outweighed when [as here] the moving party can show a compelling, particularized need for disclosure to meet the ends of justice.); quoting United States v. Huckaby, 43 F.3d 135, 139 (5th Cir. 1995).

Note: Criminal defense counsel must therefore contest facts in the PSR that would prove damaging in later removal proceedings.

Aguilar-Turcios v. Holder, 691F.3d 1025, *1037 (9th Cir. Aug. 15, 2012) (there is no legal precedent that allows a court, in its application of the modified categorical approach, to look beyond the record of conviction of the particular offense that the government alleges is an aggravated felony. . . . Aguilar-Turcios Article 92 and Article 134 convictions were for separate offenses that charged different conduct, and we are reluctant to conflate the two into one or allow one to seep into the other when applying the modified categorical approach.); accord, Jaggernauth v.

Young v. Holder, 697 F.3d 976, *982 (9th Cir. Sept. 17, 2012) (en banc) (In both criminal and immigration contexts, we often must inquire whether an individual's prior state conviction constitutes a conviction for a generic federal crime. See, e.g., Gonzales v. Duenas"Alvarez, 549 U.S. 183, 185"86, 127 S.Ct. 815, 166 L.Ed.2d 683 (2007) (applying, in the immigration context, the approach set forth in Taylor v. United States, 495 U.S. 575, 599"600, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), in the criminal sentencing context); United States v.

Aguilar-Turcios v. Holder, 691 F.3d 1025, *1039 (9th Cir. Aug. 15, 2012) (Because the two charges are worded differently, we cannot conclude that the two convictions necessarily rested on the same facts.)

Young v. Holder, 697 F.3d 976, *983 (9th Cir. Sept. 17, 2012) (en banc) (When, as here, the state statute of conviction criminalizes a broader range of conduct than the generic federal crime, we employ the modified categorical approach, which requires us to determine whether a jury was actually required to find all the elements of the generic federal crime. Aguila"Montes de Oca, 655 F.3d at 920 (internal quotation marks omitted).

Mojica v. Holder, 689 F.3d 1133 (9th Cir. Oct. 10, 2012) (rejecting petitioner's imputation argument making use of her father's lawful permanent residence to qualify for cancellation of removal, in light of the Supreme Court's holding in Holder v. Martinez Gutierrez).