United States Ninth Circuit
Gonzales v. US Dept. of Homeland Security, 08-35174
District court's judgment and orders denying plaintiffs' motions to amend class certification and to file an amended complaint are vacated and remanded for reconsideration of plaintiffs' motions to amend to add a challenge to the retroactive application of Duran Gonzales I (which held that plaintiffs were ineligible to adjust status because they were not eligible to receive waivers because the requisite ten-year period had not elapsed since they last departed from the United States), in light of the new retroactivity test set forth in the intervening en banc decision in Garfias-Rodriguez v. Holder.
Appellate Information
- Decided 03/29/2013
- Published 03/29/2013
Judges
- SILVERMAN
Court
- United States Ninth Circuit