United States Ninth Circuit

In removal proceedings against a returning lawful permanent resident who was convicted in 1980 for importation of a controlled substance pursuant to a stipulated facts agreement, the BIA's decision upholding the immigration judge's denial of section 212(c) relief is reversed, where: 1) the stipulated facts trial entitled the appellant to invoke the St. Cyr line of cases allowing for retroactive section 212(c) relief even though she did not enter a traditional guilty plea; and 2) the record established the appellant's objectively reasonable reliance on the continued availability of section 212(c) relief.

Appellate Information

• Decided 01/27/2012
• Published 01/27/2012

Judges

• Brewster

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kari E. Hong, Anna Nelson