Peng, et al. v. Holder, No. 06-75841 (9th Cir. 2012)
Annotate this CaseThis case involved the enactment of the Illegal Immigration Reform and Responsibility Act (IIRIRA), 8 U.S.C. 1182(c), which repealed the waiver of deportation under Immigration and Naturalization Act (INA) 212(c). Petitioner, a native and citizen of China, petitioned for review of the BIA's denial of section 212(c) relief. The court held that the BIA abused its discretion when it denied petitioner a continuance because she was eligible to apply for a waiver of deportation under INA 212(c). The court held that the BIA did not err when it held that INA 212(h)'s seven-year continuous presence requirement was not impermissibly retroactive. Accordingly, the petition for review was granted and the case remanded to allow petitioner a continuance to apply for the former 212(c) waiver of removal. The petition was denied as to petitioner's claims arising under section 212(h).
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