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.

Rivera-Zurita v. INS, 946 F.2d 118, 120 n. 2 (10th Cir.1991) (failure to raise question on appeal to Board constitutes failure to exhaust administrative remedies and deprives reviewing court of jurisdiction to address that issue).

Khan v. United States Atty. Gen., 448 F.3d 226 (3d Cir. May 22, 2006) (circuit court is not barred from reviewing denial of continuance by immigration judge).

Okeezie v. Chertoff, 430 F.Supp.2d 655 (W.D. Tex. May 4, 2006) (noncitizen with aggravated felony convictions was denied CAT by BIA on 2/3/05; with passage of REAL ID Act, on 5/11/05, the criminal alien bar to petition for review with the Fifth Circuit was removed, but the petition was automatically untimely; district court held that to apply REAL ID Act denial of habeas corpus jurisdiction in this case would be unconstitutional under INS v. St. Cyr, as noncitizen would have no means to obtain judicial review of removal order).

Cevilla v. Gonzales, 446 F.3d 658 (7th Cir. May 1, 2006) (court lacks jurisdiction to review discretionary denial of cancellation or removal, or a motion to reopen based upon that issue).
http://caselaw.lp.findlaw.com/data2/circs/7th/052387p.pdf

Matter of ELH, 23 I&N Dec. 814 (BIA 2005) (holding that a BIA precedent decision remains controlling unless the Attorney General, Congress, or a federal court modifies or overrules a decision). See also 8 C.F.R. 1003.1(d)(7).

Where certiorari has been granted, the underlying decision retains precedential value. There is some authority to the contrary. United States v. Tholl, 895 F.2d 1178, 1181 n. 7 (7th Cir. 1990) ("Because this issue is currently pending before the Supreme Court, United States v. Munoz-Flores, 863 F.2d 654 (9th Cir.1988), cert. granted, 493 U.S. 808, 110 S.Ct.