Singh v. US Attorney Gen., __ F.3d __ (11th Cir. Dec.

Valencia v. Mukasey, 548 F.3d 1261 (9th Cir. Dec. 4, 2008) (immigration judge is not required to advise noncitizen of availability of relief from removal where there is no apparent eligibility for the relief; there is no blanket requirement that an IJ must advise respondent of possibility of receiving asylum, withholding or CAT).

United States v. Moreno-Florean, 542 F.3d 445, 452-453 (5th Cir. Sept. 8, 2008) (In California, "[a] guilty plea admits every element of the crime charged." People v. Wallace 33 Cal.4th 738, 16 Cal.Rptr.3d 96, 93 P.3d 1037, 1043 (2004) (quotations omitted). Based on Wallace,one might argue that Moreno-Florean's guilty plea admitted every conjunctive element alleged in the indictment.

United States v. Moreno-Florean, 542 F.3d 445, 452-453 (5th Cir. Sept. 8, 2008) ("A guilty plea is "the legal equivalent of a verdict of guilty reached by a jury." See People v.Valladoli, 13 Cal.4th 590, 54 Cal.Rptr.2d 695, 918 P.2d 999, 1005 (1996). If a jury could have convicted Moreno-Florean of kidnapping under 207(a) without finding that he used physical force, then a judge could have found a factual basis for his guilty plea without finding that he used physical force.

Severino v. Mukasey, 549 F.3d 79 (2d Cir. Dec. 3, 2008) (conditional permanent resident status terminates by operation of law on second anniversary of the date the CLPR status is granted unless CLPR timely files petition to remove condition and appears at scheduled interview; failure to appear at interview resulted in termination of LPR status).

Severino v. Mukasey, 549 F.3d 79 (2d Cir. Dec. 3, 2008) ("Congress has limited this court's power to review a final order of removal to those removal orders for which the alien has exhausted all administrative remedies available to the alien as of right. Karaj v. Gonzales, 462 F.3d 113, 117 (2d Cir.2006) ( citing 8 U.S.C. 1252(d)(1)). Because the bar is jurisdictional, the Court may consider only those issues that the petitioner has presented in substance to the BIA. Id.

Aguilera-Montero v. Mukasey, 548 F.3d 1248, 1252 (9th Cir. Dec. 1, 2008) (denial of adjustment of status is affirmed where petitioner is inadmissible and no statutory basis exists to waive inadmissibility, since neither a state pardon nor an equal protection claim could overcome the fact that Congress has expressly declined to provide a waiver for an inadmissible alien convicted of a crime relating to a controlled substance: "We have not extensively addressed the dichotomy between inadmissible and deportable aliens in the context of a state pardon.

Singh v. US Attorney Gen., __ F.3d __ (11th Cir. Dec. 31, 2008) (Florida conviction, in adult court, of defendant who was a juvenile at the time the offense was committed is still a "conviction" for immigration purposes, even though the defendant could not have been tried as an adult under the Federal Juvenile Delinquency Act), following Vieira Garcia v. I.N.S., 239 F.3d 409 (1st Cir.2001); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 922-23 (9th Cir.2007); Savchuck v. Mukasey, 518 F.3d 119, 122 (2nd Cir. 2008).

Chavez-Vasquez v. Mukasey, 548 F.3d 1115 (7th Cir. Dec. 8, 2008) (a procedural due-process claim could not be heard because petitioner had failed to raise it before the BIA).

Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. Dec. 12, 2008), withdrawing previous opinion, 532 F.3d 949 (9th Cir. July 10, 2008) ("Because 1101(a)(43) is part of the INA, we must defer to the BIA's articulation of the generic federal definition "if the statute is silent or ambiguous with respect to the specific issue before the agency and the BIA's interpretation is based on a permissible construction of the statute. " Parrilla v. Gonzales, 414 F.3d 1038, 1041 (9th Cir.2005) (quoting INS v. Aguirre-Aguirre, 526 U.S. 415, 424, 119 S.Ct. 1439, 143 L.Ed.2d 590 (1999)). . . .