United States Ninth Circuit

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Tyson v. Holder, 08-70219

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