Garcia v. Holder, 584 F.3d 1288 (10th Cir. Oct. 27, 2009) (Colorado conviction for third degree assault in violation of Colo.Rev.Stat. 18-3-204(1)(a) (knowingly or recklessly cause bodily injury) is not necessarily a CMT), following Matter of Solon, 24 I. & N. Dec. 239 (BIA 2007).

Mendiola v. Holder, 585 F.3d 1303 (10th Cir. Oct. 28, 2009) (post-departure bar contained in 8 C.F.R. 1003.2(d) divested BIA of jurisdiction to review a motion to reopen, even though it was filed within 90 days of the order of deportation).

Matter of Carrillo-Arrillo, 25 I. & N. Dec. 99 (BIA Oct. 21 2009) (pursuant to the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, 1, the date at which a Cuban noncitizen was paroled in the United States counts as the date of "admission" as a lawful permanent resident; noncitizen who was paroled into the United States in 1999, but did not adjust status until 2001, was not deportable as a noncitizen who had committed a CMT within 5 years of admission based on offenses committed in 2004).

Bustamante v. Napolitano, 582 F.3d 403 (2nd Cir. Sept. 28, 2009) (where noncitizen properly invoked district courts authority over naturalization applications upon which the USCIS has failed to act for 120 days, under INA 336(b) of the Act, the district court had exclusive jurisdiction over naturalization application).

Jean-Louis v. Att'y Gen., 582 F.3d 462 (3d Cir. Oct. 6, 2009) ("We have applied this . . . approach in order to determine the least culpable conduct sufficient for a conviction, and, where a CIMT is asserted, measure that conduct for depravity;" court rejected application of Duenas-Alvarez "realistic probability" test in the CMT context, as applying this test would disrupt predictability, and result in an impermissible switch of the burden of proof).

Jean-Louis v. Att'y Gen., __ F.3d __ (3d Cir. Oct. 6, 2009) (Pennsylvania conviction for simple assault on a child under 12, in violation of 18 Pa. Cons. Stat. 2701(b)(2), is not a crime of moral turpitude, since the offense includes, at a minimum causing reckless in jury to a child, but without knowledge of the childs age).

Jean-Louis v. Att'y Gen., 582 F.3d 462 (3d Cir. Oct. 6, 2009) (the term "crime involving moral turpitude" is a term of art; the use of the term "involving" does not "invite" an examination into the underlying circumstances of the offense). See also, Nijhawan v. Holder, 129 S.Ct.

Jean-Louis v. Att'y Gen., 582 F.3d 462 (3d Cir. Oct. 6, 2009) (Brand-X deference is not due where the attorney generals reasoning is based on an impermissible reading of the statute).

Lagunas-Salgado v. Holder, 584 F.3d 707 (7th Cir. Oct. 13, 2009) (federal conviction for violation of 18 U.S.C.

Matter of Moreno-Escobosa, 25 I. & N. Dec. 114 (BIA Oct. 30, 2009) (the date of a plea agreement, rather than the date of sentencing, is controlling in determining whether a person is eligible for a waiver under former INA 212(c), 8 U.S.C. 1182(c)).