Ledezma-Cosino v. Lynch, No. 12-73289 (9th Cir. 2016)Annotate this Case
Petitioner, a citizen of Mexico, appealed the BIA's determination that he was not eligible for cancellation of removal or voluntary departure because he lacked good moral character pursuant to 8 U.S.C. 1101(f)(1), as a "habitual drunkard." Petitioner is a chronic alcoholic and has a ten-year history of alcohol abuse. The court held that, under the Equal Protection Clause, a person’s medical disability lacks any rational relation to his classification as a person with bad moral character, and that section 1101(f)(1) is therefore unconstitutional. The court granted the petition for review, vacated the BIA’s decision, and remanded for further proceedings.