- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Immigration
- Date Filed: 12-30-2015
- Case #: 12-72126
- Judge(s)/Court Below: Circuit Judge Watford for the Court; Circuit Judges Kozinski and Berzon
- Full Text Opinion
David and Miguel Correo-Ruiz, citizens of Mexico, entered the United States unlawfully in 1995, and later applied to become permanent residents under 8 U.S.C. § 1255(i). While their applications were pending, under In re Briones, the Board of Immigration Appeals (“BIA”) held that similar applicants are ineligible for relief under § 1255(i) if found inadmissible under 8 U.S.C. § 1182(a)(9)(C). The Ninth Circuit addressed whether David and Miguel were eligible retroactively. The panel applied a five-factor balancing test to determine if relief should be provided retroactively. The panel found that David and Miguel had legal expenses during a 21-month period before Briones that is critical to the outcome of the applicability of retroactive application. The panel held that the case needed to be remanded to supplement the record so that the BIA could apply the five-factor balancing test. PETITION for Review GRANTED; Case REMANDED.