Tyson, et al. v. Holder, Jr., No. 08-70219 (9th Cir. 2012)
Annotate this CasePetitioner, a native of Australia, appealed the BIA's order of removal as an alien convicted of a controlled substance, arguing that the BIA erred when it decided that she was not eligible to seek section 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (INA), 8 U.S.C. 1182(c), which was repealed in 1996 as to aliens with certain criminal convictions. The court concluded that the repeal of section 212(c) imposed an impermissible retroactive effect on aliens like petitioner, who in reliance on the possibility of discretionary relief, agreed to a stipulated facts trial. The record demonstrated that petitioner reasonably relied on the law that existed when she faced criminal proceedings in 1980; therefore, the repeal of section 212(c) could not be applied retroactively to her conviction. The court reversed the BIA's decision and remanded with instructions to consider the merits of her section 212(c) application.
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