Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, __ (BIA May 20, 2008) ("We are mindful of the fact that the respondent entered his plea to a charge that clearly identified his victim as a child. The language of that charge may well have been significant because the Supreme Court has explained that "the details of a generically limited charging document" are generally sufficient "in any sort of case" to establish "whether the plea had necessarily rested on the fact identifying the [offense] as generic." Shepard v. United States, supra, at 21.

Matter of Lujan-Quintana, 25 I. & N. Dec. 53 (BIA Jul. 20, 2009) (BIA lacks jurisdiction over DHS appeal of IJs decision to vacate an expedited removal order after a claimed status review hearing pursuant to 8 C.F.R. 1235.3(b)(5)(iv) (2009), at which the Immigration Judge determined the respondent to be a United States citizen).
http://www.usdoj.gov/eoir/vll/intdec/vol25/3650.pdf

Herrera-Inirio v. INS, 208 F.3d 299, 304-06 (1st Cir. 2000) (noting that the language of 1101(a)(48)(A) "leaves nothing to the imagination" and that state rehabilitative programs that do not vacate a conviction on the merits "have no bearing in determining whether an alien is to be considered convicted under section 1101(a)(48)(A)."); United States v. Campbell, 167 F.3d 94, 96-98 (2d Cir. 1999) (federal sentencing case); Acosta v. Ashcroft, 341 F.3d 218, 222 (3d Cir.

Am. Academy of Religion v. Napolitano, 573 F.3d 115 (2d Cir. Jul. 17, 2009) (district court had jurisdiction to consider claim that visa denial by consular officer violated the First Amendment claim, despite the doctrine of consular nonreviewability: "We conclude that, where a plaintiff, with standing to do so, asserts a First Amendment claim to have a visa applicant present views in this country, we should apply Mandel to a consular officer's denial of a visa.

Peralta v. Holder, 567 F.3d 31 (1st Cir. May 28, 2009) (court of appeals lacks jurisdiction to review a denial of a sua sponte motion to reopen).

Practice Advisory, Conviction Finality Requirement: The Impact of Matter of Cardenas-Abreu (Immigrant Defense Project, May 11, 2009), www.immigrantdefenseproject.org.

Article: Argument Silva-Trevino Applies Only to Crime of Moral Turpitude Ground of Inadmissibility, Not to the Grounds of Deportability

Escobar v. Holder, 567 F.3d 466 (9th Cir. May 27, 2009) (a parent's status as a Lawful Permanent Resident may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under INA 240A(a)(1); the rationale and holding of Cuevas-Gaspar applies equally to the five-year permanent residence and the seven-year continuous residence requirements at issue in that case), following Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005).

Escobar v. Holder, 567 F.3d 466 (9th Cir. May 27, 2009) (rejecting arguments that the BIA was allowed to ignore or overrule Cuevas-Gaspar, as it did in Matter of Escobar, 24 I. & N. Dec. 231 (BIA 2007) and Matter of Ramirez-Vargas, 24 I. & N. Dec. 599 (BIA 2008), in light of Brand-X: "neither Brand-X nor Duran Gonzales suggests that an agency may resurrect a statutory interpretation that a circuit court has already foreclosed by rejecting it as unreasonable at Chevrons second step.")

Robleto-Pastora v. Holder, 567 F.3d 437 (9th Cir. May 27, 2009) (a noncitizen who has adjusted status under INA 209(b) is no longer an asylee; the DHS does not have to terminate asylee status officially under INA 208(c)(2), (3), 8 C.F.R. 208.22, 208.24).