United States Ninth Circuit

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Peng v. Holder, 06-75841

In removal proceedings against a Chinese lawful permanent who was convicted at trial of a crime of moral turpitude before IIRAIRA, a petition for review of a BIA decision denying relief from removal and adjustment of status is: 1) granted as to the BIA's decision affirming the denial of a continuance in order to apply for a section 212(c) waiver of removal, as section 212(c) relief is available to aliens who proceeded to trial if they can plausibly argue that they relied on the availability of relief; and 2) denied as to adjustment of status because the petitioner did not have the requisite seven years continuous presence required for a section 212(h) waiver of admissibility, as the seven-year residency requirement is not impermissibly retroactive and does not violate equal protection.

Appellate Information

  • Decided 03/22/2012
  • Published 03/22/2012

Judges

  • N.R. Smith

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Maile M. Hirota, William C. Minick


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