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CA9 on Brand X, Retroactivity, 245(i) and Voluntary Departure: Garifas-Rodriguez v. Holder

"In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court instructed federal courts to defer to reasonable agency interpretations of ambiguous statutes, even when those interpretations conflict with the prior holding of a federal circuit court. 545 U...

CA9 on Retroactivity, 212(c) - Cardenas-Delgado v. Holder

"Francisco Cardenas-Delgado, a legal permanent resident of the United States since 1976, appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision that he is ineligible for relief from removal under former...

CA9 on Deportation Hearing Due Process: USA v. Guzman-Ibarez

"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions § 1182(c) was amended to entirely eliminate the phrase...

CA9 on Briones, Retroactivity, Adjustment of Status: Acosta-Olivarria v. Lynch

"In Garfias-Rodriguez v. Holder, 702 F.3d 504 (9th Cir. 2012) (en banc), we reserved the question whether a noncitizen applying for adjustment of immigration status could reasonably rely on an opinion of this court during a period in which the Board of Immigration Appeals (“BIA”) had...