United States Eleventh Circuit

Petition for review of a decision finding petitioner ineligible for discretionary relief from removal pursuant to section 212(h) of the Immigration and Nationality Act (INA) is granted where: 1) a non-precedential Board of Immigration Appeals (BIA) decision did not merit Chevron deference; and 2) there was need for "clear and uniform" guidance through precedential decisions. BIA's decision is vacated and matter is remanded to BIA to allow it to issue a precedential decision interpreting Section 212(h).

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• SILER, Circuit Judge:, Before ANDERSON, HULL and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Lourdes Martinez-Esquivel, Maithe Gonzalez, Lourdes Martinez-Esquivel & Associates, P.A., Coral Gables, FL, for Quinchia.


• For Appellees:
  
• Lindsay E. Williams, David V. Bernal, Margaret K. Taylor, U.S. Dept of Justice, OIL, Washington, DC, for Respondent.