Ponnapula v. Ashcroft, 373 F.3d 480, 494 (3d Cir. 2004) (distinguishing between noncitizens who went to trial because they declined a plea agreement that was offered to them and those who went to trial because they were not offered a plea agreement, and indicating in dicta that INA 212(c) relief would likely not be available to persons in the latter category because they "had no opportunity to alter their course in the criminal justice system in reliance on the availability of INA 212(c) relief, holding that those in the former category could make a 212(c) claim because noncitizens who "affirmatively turned down a plea agreement had a reliance interest in the potential availability of 212(c) relief.").