Bugayong v. INS, 442 F.3d 67 (2d Cir. Mar. 15, 2006) (per curiam) (denial of adjustment of status and INA 212(h) waiver on discretionary basis not subject to judicial review; REAL ID Act of 2005, 106(a)(1)(A)(iii), Pub.L. No. 109-13, 119 Stat. 231, 310 (codified at 8 U.S.C. 1252(a)(2)(D)), does not override the jurisdiction-denying provision of 8 U.S.C. 1252(a)(2)(B)(i)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0256751p.pdf

Khan v. Attorney General, 448 F.3d 226 (3d Cir. May 22, 2006) (court of appeals jurisdiction to consider arguments that BIA erred in affirming denial of request for continuance of removal hearing as abuse of discretion and as a violation of due process).

Solano-Chicas v. Gonzales, 440 F.3d 1050 (8th Cir. Mar. 17, 2006) (where BIA reverses an immigration judge's ruling granting cancellation of removal, the BIA has authority to order removal directly without remand to the IJ).
http://caselaw.lp.findlaw.com/data2/circs/8th/043373p.pdf

Savoury v. U.S. Attorney General, 449 F.3d 1307 (11th Cir. May 25, 2006) (doctrine of laches is inapplicable against government who admitted respondent as LPR despite knowledge of a controlled substances conviction, and later sought to exclude him when he arrived from a trip abroad: "Neither this Court nor the Supreme Court has ever indicated that laches applies against the government.

Francis v. Gonzalez, 442 F.3d 131 (2d Cir. Mar. 27, 2006) (Special Agricultural Workers Program automatically adjusted applicants without regard to admissibility at the time of adjustment).

Delgado-Reynua v. Gonzales, 450 F.3d 596 (5th Cir. May 23, 2006) (noncitizens claim that BIA incorrectly applied de novo review in reversing IJs discretionary grant of relief under INA 212(c) was not a legal question subject to review; finding noncitizens claim was merely a disguised attempt to obtain circuit court review of discretionary issue).

Delgado-Reynua v. Gonzales, 450 F.3d 596 (5th Cir. May 23, 2006) (BIA may reverse immigration judges grant of relief and order deportation without remand to IJ; where deportability is not challenged, denial of relief merely eliminates "impediments to removal").
http://caselaw.lp.findlaw.com/data2/circs/5th/0421019cv0p.pdf

Guevara v. Gonzales, 450 F.3d 173 (5th Cir. May 19, 2006) (motions to reopen or reconsider are considered collateral attacks of prior immigration decisions; res judicata bars collateral jurisdictional attack of previous decisions of the BIA to grant or deny motion to reopen).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460685cv0p.pdf

DaCosta v. Gonzales, 449 F.3d 45 (1st Cir. May 24, 2006) (court lacks jurisdiction to review claims where BIA was not presented with opportunity to address legal questions raised for the first time on appeal to the circuit court), citing Olujoke v. Gonzales, 411 F.3d 16, 23 (1st Cir. 2005) (circuit courts lack authority "to consider points not squarely raised before the BIA").
http://laws.lp.findlaw.com/1st/051438.html

AILF practice advisory: Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review (Apr. 5, 2006).  This Practice Advisory discusses federal court jurisdiction over discretionary decisions after REAL ID in both the removal and non-removal contexts. It suggests an analysis for determining whether a court retains jurisdiction over a particular issue or case.