United States Fifth Circuit

A petition for review of a decision holding that petitioner was ineligible to apply for relief from deportation based on former section 212(c) of the Immigration and Nationality Act is granted where the BIA erred in finding her ineligible to apply for section 212(c) relief without allowing her the opportunity to demonstrate that her actual, subjective reliance on the prior state of the law caused her to delay her application.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lisa S. Brodyaga (argued), Refugio de Rio Grande, San Benito, TX, for Petitioner.


• For Appellees:
  
• Ernesto Horacio Molina, Jr. (argued), David V. Bernal, Thomas Ward Hussey, Dir., Linda Susan Wendtland, U.S. Dept. of Justice, OIL, Edward C. Durant, U.S Dept. of Justice, Civ. Div., Imm. Lit., Russell J.E. Verby, U.S. Dept. of Homeland Sec., Washington, DC, E.M. Trominski, Dist. Dir., U.S.INS, Harlingen, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Respondent.