Ninth Circuit Judulang Remand: Rangel-Zuazo

Ninth Circuit Judulang Remand: Rangel-Zuazo

"The opinion filed January 31, 2011, slip opinion page 1867, and published at 633 F.3d 848, is withdrawn. ... Because Petitioner’s aggravated felony ground for removal lacked a comparable inadmissibility ground, the BIA found Petitioner ineligible for a waiver under section 212(c). In Judulang v. Holder, 132 S. Ct. 476, 485-86 (2011), however, the Supreme Court found the comparability requirement to be arbitrary and capricious, overruling In re Blake and its progeny. The BIA’s conclusion that Petitioner is ineligible for a waiver under section 212(c) because he fails to meet the comparability requirement must therefore be reversed. We remand this matter to the BIA for further proceedings consistent with Judulang. The petition for review is GRANTED." - Rangel-Zuazo v. Holder, Feb. 13, 2012. [Hats off to Manny Rios!]

Manuel "Manny" Rios