United States Ninth Circuit

In an immigration action challenging the Board of Immigration Appeals (BIA) decision that petitioner is not eligible for cancellation of removal or voluntary departure, the petition for review is granted where 8 U.S.C. section 1101(f)(1), which includes 'habitual drunkard[s]' as lacking good moral character, violates the Equal Protection Clause where a person's medical disability lacks any rational relation to his classification as a person with bad moral character.

Appellate Information

• Published 2016/03/24

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel