Gebremaria v. Ashcroft, __ F.3d __ (8th Cir. Aug. 2, 2004) (IIRAIRA 309(c)(4)(B) bars consideration of material not included in the record from the immigration court proceeding, including proof of noncitizens medical condition where noncitizen was aware of the condition during the initial proceedings).
http://caselaw.lp.findlaw.com/data2/circs/8th/032492p.pdf