Ballesteros v. Ashcroft, 452 F.3d 1153, 1158 (10th Cir. 2006) (argument that noncitizen relied on Ninth Circuit law when entering plea agreement required (a) favorable Ninth Circuit decision prior to entry of his plea; and (b) record evidence to support this claim such as evidence that acceptance of plea was conditioned on the plea's inability to affect his immigration status; administrative removal record contains only allegations by counsel of such reliance, but these allegations are not evidence), citing Carrillo-Gonzalez v. INS, 353 F.3d 1077, 1079 (9th Cir. 2003).