Ferguson v. U.S. Attorney General, ___ F.3d ___, 2009 WL 824434 (11th Cir. Mar. 31, 2009) ("Joining the majority of circuits, we decline to extend St. Cyr to aliens who were convicted after a trial because such aliens' decisions to go to trial do not satisfy St. Cyr ' s reliance requirement. Therefore, 212(c) relief is not available to such aliens. . . . And aside from her decision to go to trial, she points to no other "transactions" or "considerations already past" on which she relied. ").



Note: this decision agrees with the majority of the circuits in finding that at least some showing of reliance is required. It appears, however, that the Eleventh Circuit could find reliance even where the noncitizen was found guilty by jury, as in Restrepo v. McElroy, 369 F.3d 627 (2d Cir. Apr. 1, 2004).