Lopez-Loera v. Holder

667 F.3d 1330, 2012 WL 400653, 2012 U.S. App. LEXIS 2585

Opinion

ORDER

The government has moved to remand this case in light of the Supreme Court’s decision in Judulang v. Holder, — U.S. -, 132 S.Ct. 476, 181 L.Ed.2d 449 (2011). Because the Board of Immigration Appeals’ decision rested solely on Matter of Blake, 23 I. & N. Dec. 722 (BIA 2005), we agree with the government that “remand of this case to the Board for further proceedings concerning Lopez-Loera’s eligibility for relief under former 8 U.S.C. § 1182(c) (1994) in accordance with Judulang v. Holder ... is warranted.”

We also agree with the government that the Petitioner waived any claim that this matter should have been processed as a question of inadmissibility rather than deportability when he admitted that he was deportable.

Under the circumstances, we take no position on any decision of the BIA that rests on Abebe v. Mukasey, 554 F.3d 1203 (9th Cir.2009) (en banc).

The government’s motion to remand is therefore GRANTED and the case is REMANDED.