Cesar Isidro Palomino-Abad v. U.S. Atty. Gen., No. 06-16502 (11th Cir. 2007)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-16502 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT July 10, 2007 THOMAS K. KAHN CLERK BIA No. A41-075-231 CESAR ISIDRO PALOMINO-ABAD, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals _________________________ (July 10, 2007) Before WILSON, PRYOR and FAY, Circuit Judges. PER CURIAM: Cesar Isidro Palomino-Abad ( Palomino ) petitions for review of the denial of his motion to reconsider by the Board of Immigration Appeals ( BIA ). Palomino challenges the BIA s decision not to reconsider its prior dismissal of his appeal from the Immigration Judge s ( IJ ) order of removal. The IJ relied upon In re Blake, 23 I. & N. Dec. 722 (BIA 2005), petition for review granted sub nom. Blake v. Carbone, __ F.3d __ (2d Cir. June 1, 2007), to conclude that Palomino was not eligible for relief under former § 212(c) of the Immigration and Nationality Act. In In re Blake, the BIA determined that there was no comparable ground for exclusion for the sexual abuse of a minor category of aggravated felony offenses. Blake, 23 I. & N. Dec. at 729. While this petition for review was pending before us, the Second Circuit granted the petition for review of Blake. The Court then rejected the BIA s reasoning, instead holding that petitioners eligibility for a § 212(c) waiver must turn on their particular criminal offenses. If the offense that renders a lawful permanent resident deportable would render a similarly situated lawful permanent resident excludable, the deportable lawful permanent resident is eligible for a waiver of deportation Blake, manuscript op. at 25-26. Without expressing any opinion about the issues raised in Palomino s petition for review or Palomino s eligibility for § 212(c) relief, we GRANT the petition, VACATE the order denying reconsideration, and REMAND this case to 2 the BIA for the purpose of allowing the BIA to consider Palomino s motion to reconsider in light of Blake v. Carbone. 3
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