Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. Nov. 5, 2010) (We lack jurisdiction over a petition for review when the BIA reopens an alien's removal proceedings. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir.2002) (the BIA's reopening of the case divested us of jurisdiction); Timbreza v. Gonzales, 410 F.3d 1082, 1083 (9th Cir.2005) (same); accord Yuan Gao v. Gonzales, 464 F.3d 728, 730 (7th Cir.2006) (where the BIA reconsiders a final order of removal, there is nothing [for the appellate court] to retain jurisdiction of). As we explained in Cordes v.

Arredondo v. Holder, 623 F.3d 1317 (9th Cir. Nov. 2, 2010) (remanding case to the BIA where: (1) the BIAs own decision did not provide legal basis sufficient for review; and (2) the BIAs decision failed to address the reasoning of the immigration judge, and thus the Circuit court also cannot address the reasoning of the immigration judge, and the Circuit court cannot affirm the BIA on a ground upon which the BIA did not rely).

Arredondo v. Holder, 623 F.3d 1317 (9th Cir. Nov. 2, 2010) (the court of appeals cannot affirm the BIA on a ground on which it did not rely); following Naas v. INS, 217 F.3d 646, 658 n. 16 (9th Cir. 2000).

Garcia-Carbajal v. Holder, 625 F.3d 1233, 1237 (10th Cir. Nov. 5, 2010) (petitioner did not exhaust his administrative remedies before the BIA by presenting his arguments there: But presenting a conclusion or request for relief to the BIA isn't enough to exhaust every potential argument for reaching that conclusion or winning that relief.).

Garcia-Carbajal v. Holder, 625 F.3d 1233, 1238 (10th Cir. Nov. 5, 2010) (if the BIA deems an issue sufficiently presented to consider it on the merits, such action by the BIA exhausts the issue as far as the agency is concerned ... and that is all 1252(d)(1) requires.); quoting Sidabutar v. Gonzales, 503 F.3d 1116 (10th Cir. Sept. 21, 2007).

Barnes v. Holder, 625 F.3d 801 (4th Cir. Nov. 10, 2010) (removal proceedings may only be terminated pursuant to 8 C.F.R. 1239.2(f) where the DHS has presented an affirmative communication attesting to the alien's prima facie eligibility for naturalization).

De la Paz v. Holder, 640 F.3d 650 (6th Cir. Nov. 8, 2010) (circuit court has jurisdiction to review reinstatement order within 30 days of issuance, under 8 U.S.C. 1252(b)).

De la Paz v. Holder, 640 F.3d 650, 654 (6th Cir. Nov. 8, 2010) ("[T[he government agrees, the 30-day limitations period set forth in 1252(b)(1) applies to petitions for review of reinstatement orders just as it does to removal orders. The government then notes that DHS entered its reinstatement order on July 10, 2008, and that Villegas did not file her petition until March 5, 2009 " which was more than 30 days after the order was entered. Thus, the government argues, we lack jurisdiction to review the order.

Mata-Guerrero v. Holder, 627 F.3d 256 (7th Cir. Nov. 24, 2010) (case remanded for the BIA to apply Matter of Silva-Trevino to determine whether petitioner's conviction for failure to register as a sex offender, under Wisconsin Statute 301.45(2)(a), was a crime of moral turpitude).

NOTE: The court rejected the application of Matter of Tobar-Lobo, 24 I. & N. Dec.

Champion v. Holder, 626 F.3d 952 (7th Cir. Nov. 22, 2010) (court has jurisdiction to review whether the Immigration Judge and BIA took sufficient notice of facts relevant in determining hardship for purposes of non-LPR cancellation of removal).