Tomas Ceron-Silvas v. Eric Holder, Jr.
Opinion
The Board of Immigration Appeals (BIA) determined, inter alia, that Tomas Ceron-Silvas was ineligible for discretionary relief from deportation, pursuant to a waiver of inadmissibility under former § 212(c) 1 of the Immigration and Nationality Act, “because an aggravated felony crime of violence has no comparable ground of inadmissibility.” However, after Ceron-Silva’s petition for review was filed, the Supreme Court decided Judulang v. Holder, — U.S.-, 182 S.Ct. 476, 181 L.Ed.2d 449 (2011). In Judulang the Court considered the BIA’s “comparable-grounds” rule for determining whether an alien is eligible for relief under former § 212(c). The Court held that the comparable-grounds rule is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A). Judulang, 132 S.Ct. at 483-84. The Supreme Court explained that “[i]n rejecting th[e] rule, we do not preclude the BIA from trying to devise another, equally economical policy respecting eligibility for § 212(c) relief, so long as it comports with everything held in both this decision and [I.N.S. v.] St. Cyr [,] [533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) ].” Id. at 490. Accordingly, it is proper to remand this case to the BIA to reconsider its decision regarding whether Ceron-Silva is eligible for § 212(c) relief.
We GRANT Ceron-Silva’s petition for review, VACATE the BIA’s judgment, and REMAND the case to the BIA for reconsideration in light of Judulang.
Reference
- Full Case Name
- Tomas CERON-SILVAS, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent
- Status
- Unpublished