Ferguson v. U.S. Attorney General, ___ F.3d ___, 2009 WL 824434 (11th Cir. Mar. 31, 2009) ("Joining the majority of circuits, we decline to extend St. Cyr to aliens who were convicted after a trial because such aliens' decisions to go to trial do not satisfy St. Cyr ' s reliance requirement. Therefore, 212(c) relief is not available to such aliens. . . . And aside from her decision to go to trial, she points to no other "transactions" or "considerations already past" on which she relied. ").

Mejia Rodriguez v. U.S. DHS, ___ F.3d ___, 2009 WL 649731 (11th Cir. Mar. 16, 2009) (per curiam) (district court jurisdiction existed to review USCIS decision denying Temporary Protected Status, since its statutory eligibility determinations are not discretionary; Administrative Appeals Office dismissal of noncitizen's appeal of TPS denial was a "final" agency decision which the district court could review under the Administrative Procedure Act).

Mejia Rodriguez v. U.S. DHS, ___ F.3d ___, 2009 WL 649731 (11th Cir. Mar. 16, 2009) (per curiam) (district court jurisdiction existed to review USCIS decision denying Temporary Protected Status, since its statutory eligibility determinations are not discretionary; Administrative Appeals Office dismissal of noncitizen's appeal of TPS denial was a "final" agency decision which the district court could review under the Administrative Procedure Act).

Singh v. U.S. Atty. Gen., ___ F.3d ___,2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) ("an appellant's brief must include an argument containing 'appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.' Fed.R.App.P. 28(a)(9)(A). Thus, an appellant's simply stating that an issue exists, without further argument or discussion, constitutes abandonment of that issue and precludes our considering the issue on appeal. Rowe v. Schreiber, 139 F.3d 1381, 1382 n. 1 (11th Cir.1998).

Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) ("Res judicata bars the filing of a claim when the following elements are present: (1) there is a final judgment on the merits; (2) the decision was rendered by a court of competent jurisdiction; (3) the parties, or those in privity with them, are identical in both suits; and (4) the same cause of action is involved in both cases. Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1238 (11th Cir.1999).

Singh v. U.S. Atty. Gen., ___ F.3d ___, ___, 2009 WL 604370 (11th Cir. Mar. 10, 2009) (per curiam) (noncitizen's violation of his community control and new sentence to a term of more than one year's imprisonment for his theft or burglary conviction gave rise to a new cause of action that was not previously available, and therefore the government is not barred by res judicata from filing a new NTA based on the new aggravated felony ground of deportation).

Sanchez v. Holder, 560 F.3d 1028 (9th Cir. Mar. 26, 2009) (en banc) (alien smuggling inadmissibility waiver under INA 212(d)(11), 8 U.S.C. 1182(d)(11), does not prevent the act of alien smuggling to be considered a bar to a finding of good moral character).

Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to BIA interpretations of criminal statutes or BIA examination of the record of conviction), citing Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1017 (9th Cir. 2005).
NOTE: Arguably, this may be interpreted to mean that the Ninth Circuit does not owe deference the method of analysis applied in Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008).

Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to BIA interpretations of criminal statutes or BIA examination of the record of conviction), citing Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1017 (9th Cir. 2005). NOTE: Arguably, this may be interpreted to mean that the Ninth Circuit does not owe deference the method of analysis applied in Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008).

Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. Mar. 4, 2009) (en banc) (no deference owed to the BIAs definition of "crime of moral turpitude.")

NOTE: Here the Ninth Circuit declines to give deference to the Matter of Silva-Trevino, 24 I. & N. Dec. 687, 688 (A.G. 2008) ("[a] reprehensible act with some form of scienter."). Instead the Ninth Circuit continues to consider CMT to be of two types: "those involving fraud and those involving grave acts of baseness or depravity.");Carty v. Ashcroft, 395 F.3d 1081, 1083 (9th Cir. 2005); Navarro-Lopez v.