United States Ninth Circuit

In a petition for review of the BIA's order deeming petitioner's timely-filed application for relief under former INA section 212(c), 8 U.S.C. section 1182(c) (repealed 1996), abandoned for failure to submit documents supporting his request for relief within the time prescribed, the petition is granted where 8 C.F.R. section 1003.31(c) plainly limited any waiver to the actual application or document not timely filed.

Appellate Information

• Argued 04/14/2010
• Decided 05/04/2010
• Published 05/04/2010

Judges

• Before: ANDREW J. KLEINFELD and SIDNEY R. THOMAS, Circuit Judges, and WILLIAM STAFFORD, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett, El Cerrito, CA, for the petitioner.


• For Appellees:
  
• Karen L. Melmik (argued) and Jennifer Lightbody (brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D .C., for the respondent.