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Immigration Law

CA9 on CIMT, Retroactivity - Garcia-Martinez v. Sessions

Garcia-Martinez v. Sessions

"Perhaps the BIA slumbered for many decades while other authorities were wisely updating the law so that theft offenses would net individuals other than those who intended to literally permanently deprive others of their property, although some of the BIA’s umbrageous statements along the way showed that it stirred while it slept. In any event, the BIA has changed or updated or revised its rule for the future. Nevertheless, that rule should not be applied to Garcia, who pled and was convicted while the old rule was extant. Petition GRANTED, and matter REMANDED to the BIA for proceedings consistent with this opinion."

[Hats off to appointed pro bono counsel Lochlan F. Shelfer, and to Jennifer Lee Koh, Immigration Clinic, Western State College of Law, Irvine, California, and Kari Hong, Ninth Circuit Appellate Program, Boston College Law School, Newton, Massachusetts; for Amici Curiae Immigration Law Professors and Clinicians!]