Melvin Alvarado Ponce v. Eric H. Holder Jr., No. 08-72096 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 19 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MELVIN WILFREDO ALVARADO PONCE, No. 08-72096 Agency No. A037-764-037 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Melvin Wilfredo Alvarado Ponce, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s removal order. We have jurisdiction under * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 8 U.S.C. § 1252. We review de novo questions of law, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we grant the petition for review and remand. Because Alvarado Ponce was charged as inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I) upon his return to the United States, the agency erred in finding that he was ineligible for former section 212(c) relief. See 8 U.S.C. § 1182(c) (repealed 1996); Abebe v. Mukasey, 554 F.3d 1203, 1205 (9th Cir. 2009) (en banc) (per curiam) ( Under its plain language, section 212(c) gives the Attorney General discretion to grant lawful permanent residents relief only from inadmissibility - not deportation. ) (emphasis in original). We remand to the agency to allow Alvarado Ponce to apply for former section 212(c) relief. PETITION FOR REVIEW GRANTED; REMANDED. 2 08-72096

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