Hernandez-Cruz v. Holder, ___ F.3d ___, ___n.19 (9th Cir. Jul. 7, 2011) (Because the BIA did not rely on Silva-Trevino in this case, we cannot consider whether Silva-Trevino can be reconciled with our precedent. See Marmolejo-Campos, 558 F.3d at 907 n.6 (As th[e] question is not squarely before us, we reserve judgment as to the validity of that portion of our prior case law which suggests review should be more confined [than that permitted by Silva-Trevino].); see also Guardado-Garcia v. Holder, 615 F.3d 900, 902 (8th Cir. 2010) ([T]o the extent Silva-Trevino is inconsistent, we adhere to circuit law.); Jean-Louis v. Atty Gen., 582 F.3d 462, 470 (3d Cir. 2009) (rejecting Silva-Trevinos novel approach in favor of the modified categorical approach that we have historically applied). Although it mentions Silva-Trevino, the Government neither briefed whether we should follow Silva-Trevino, despite its conflict with our prior case law, nor argued that we should remand for the BIA to consider Hernandez-Cruzs convictions under Silva-Trevino in the first instance. See Clem v. Lomeli, 566 F.3d 1177, 1182 (9th Cir. 2009) (holding that an argument not addressed in an answering brief is waived). For all these reasons, we decide the case on the basis of the categorical and modified categorical approaches, which the BIA used in this case.).