Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. Jul. 31, 2006) (rejecting due process argument regarding notice, the Ninth Circuit found that a criminal conviction not charged in the NTA could be used to find that a noncitizen was ineligible for relief; in the context of cancellation of removal the IJ accepted proof of a criminal conviction not charged in the NTA to find noncitizen was ineligible for cancellation of removal as an alien convicted of an aggravated felony), following Brown v. Ashcroft, 360 F.3d 346, 353 (2d Cir. 2004); Aalund v. Marshall, 461 F.2d 710, 712-713 (5th Cir. 1972).