Tyson v. Holder, ___ F.3d ___ (9th Cir. Jan. 27, 2012) (We agree with Tyson that the stipulated facts trial in this case is substantially equal to a guilty plea for the purpose of 212(c) relief. We hold that applying the repeal of 212(c) relief would produce an impermissible retroactive effect on Tyson, who was convicted pursuant to a stipulated facts agreement based on a reasonable expectation that it would not negatively affect her immigration status. INS v. St. Cyr, 533 U.S. 289, 319 (2001); Landgraf v. USI Film Prods., 511 U.S. 244, 269-70 (1994). Because the BIA erred in its legal analysis of the effect of this stipulated facts trial, we reverse and remand with instructions to consider Tysons 212(c) application on the merits.).

jurisdiction: 
Ninth Circuit

 

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