Antonio Paulo v. Eric Holder, No. 07-71198 (9th Cir. 2011)Annotate this Case
Petitioner, a native and citizen of the Philippines, petitioned for review of an order of the Board of Immigration Appeals ("BIA") retermitting his application for a waiver of inadmissibility pursuant to the now-repealed section 212(c) of the Immigration and Nationality Act ("INA"). At issue was whether petitioner was eligible for 212(c) relief and whether petitioner was eligible for discretionary relief under INS v. St. Cyr. The court held that res judicata bound the BIA to the final decision of the district court which held that petitioner was eligible for discretionary relief under section 212(c) based on St. Cyr.