Guyadin vs Gonzales, 449 F.3d 465 (2d Cir. May 30, 2006) (court lacks jurisdiction to review question of whether BIA member responsible for an appeal erred in not referring the appeal to a three-member BIA panel). But see Purveegiin v. Gonzales, __ F.3d __ (3d Cir. Jun. 1, 2006).
http://caselaw.lp.findlaw.com/data2/circs/2nd/053252p.pdf