Narrative Opinion Summary
The case involves a petition for review by an individual challenging a deportation order issued by the Board of Immigration Appeals (BIA). Following an order to show cause, the Immigration Judge denied the individual's application for suspension of deportation due to a failure to meet the continuous physical presence requirement, applying the stop-time rule from the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) prior to its effective date. The individual appealed, arguing that the rule was applied retroactively. The court concurred, referencing the decision in Guadalupe-Cruz v. INS, and found that the Immigration Judge had erred in applying the rule before IIRIRA took effect. Consequently, the court granted the petition, reversed the BIA's decision, and remanded the case back to the BIA with instructions to return it to the Immigration Judge. The direction was to assess the individual's eligibility for suspension of deportation based on the legal framework as it existed prior to the implementation of the stop-time rule, while considering current facts and circumstances. The court did not address eligibility for relief associated with a class action pending in district court, and this memorandum is not intended for publication.
Legal Issues Addressed
Application of the Stop-Time Rule under IIRIRAsubscribe to see similar legal issues
Application: The court determined that the stop-time rule from the IIRIRA cannot be applied retroactively to cases before its effective date, April 1, 1997.
Reasoning: The court agrees that the IJ erred in applying the stop-time rule before the law took effect, referencing Guadalupe-Cruz v. INS, 240 F.3d 1209 (9th Cir. 2001).
Continuous Physical Presence Requirement for Suspension of Deportationsubscribe to see similar legal issues
Application: Zambrano's ineligibility for suspension of deportation due to not meeting the continuous physical presence requirement was erroneously determined based on an incorrect application of the stop-time rule.
Reasoning: The Immigration Judge (IJ) denied Zambrano’s application for suspension of deportation, citing his failure to meet the continuous physical presence requirement prior to the OSC, rendering him ineligible for suspension.
Judicial Review and Remand for Re-evaluationsubscribe to see similar legal issues
Application: The case was remanded to the BIA with instructions to return it to the IJ for re-evaluation of Zambrano's eligibility based on the law as it stood on November 20, 1996.
Reasoning: The petition is granted, the BIA's decision is reversed, and the case is remanded to the BIA with instructions to return it to the IJ.