Martinez v. Mukasey, 519 F.3d 532, 545 (5th Cir. March 11, 2008) (although the court may consider an issue waived because of inadequate briefing, or where it is raised for the first time at oral argument, this is a prudential rule, not a jurisdictional one, and the court also has discretion to consider the issue).

Duad v. Holder, 556 F.3d 592 (7th Cir. Feb. 12, 2009) (due process does not preclude use of hearsay evidence in administrative immigration proceedings, as long as it is reliable), citing Richardson v. Perales, 402 U.S. 389, 402, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (permitting use of hearsay evidence in Social Security disability administrative proceedings); Niam v. Ashcroft, 354 F.3d 652, 659 (7th Cir.2004)

United States v. Esparza-Herrera, ___ F.3d ___, 2009 WL 455512 (9th Cir. Feb. 25, 2009) (per curiam) (Arizona conviction for aggravated assault under Arizona Revised Statutes 13-1204(A)(11) ("[i]ntentionally, knowingly or recklessly causing any physical injury to another person") was not a conviction for a "crime of violence" under USSG 2L1.2(b)(1)(A)(ii), as an "offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another," under U.S.S.G. 2L1.2 n.

Briceno v. Scribner, 555 F.3d 1069 (9th Cir. Feb. 23, 2009) ("To prevail on an insufficiency of evidence claim, a habeas petitioner must show that "upon the record evidence adduced at the trial[,] no rational trier of fact could have found proof of guilt beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). An additional layer of deference is added to this standard by 28 U.S.C.