United States Ninth Circuit

Petition for review of denial of relief under section 212(c) of the Immigration and Nationality Act via a discretionary waiver of deportation is denied in part and dismissed in part by the court sitting en banc where: 1) there was a rational basis for section 212(c) being limited to discretionary relief from inadmissibility, but not from deportation; and 2) there was therefore no equal-protection violation in the denial of such relief.

Appellate Information

• Argued 03/25/2008
• Decided 11/20/2008
• Published 11/20/2008

Judges

• Before ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RONALD M. GOULD, RICHARD C. TALLMAN, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, CARLOS T. BEA and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe (argued) and Fatma Marouf, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioner., Zachary Miller Nightingale, Avantika Shastri, and Marc Van Der Hout, Van Der Hout, Brigagliano and Nightingale, LLP, San Francisco, CA, for amicus curiae, the National Immigration Project of the National Lawyers Guild., Marc Christopher Fleming and James Quarles, Wilmer Cutler Pickering Hale & Dorr, LLP, Boston, MA, for amicus curia, Joel Judulang.


• For Appellees:
  
• Thomas H. Dupree, Jr., Deputy Assistant Attorney General;  Peter D. Keisler, Assistant Attorney General;  M. JocelynLopez Wright, Assistant Director, Office of Immigration Litigation;  Song E. Park, Office of Immigration Litigation, Washington, DC, for the respondent.