United States Ninth Circuit
Lemus v. Lynch, 12-73654
In a petition for review of the Board of Immigration Appeals' (BIA) decision retroactively applying to petitioner the holding in Holder v. Martinez Gutierrez, 132 S. Ct. 2011 (2012), that an applicant for cancellation of removal must satisfy the years-of-residence requirement on his own, without relying on a parent’s residential history, the petition is denied where the retroactivity analysis set forth in Montgomery Ward & Co., Inc. v. FTC, 691 F.2d 1322 (9th Cir. 1982), applied rather than that of Chevron Oil Co. v. Huson, 4040 U.S. 97 (1971).
Appellate Information
- Published 2016/11/16
Judges
- PONSOR
Court
- United States Ninth Circuit