Richards-Diaz v. Fasano

Ninth Circuit

Richards-Diaz v. Fasano

273 F.3d 916

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 6, 2001

DocketNo. 99-56530; D.C. No. 99-CV-327 BTM (A35 001 128)

StatusPublished

Cited by1 cases

This text of 273 F.3d 916 (Richards-Diaz v. Fasano) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Richards-Diaz v. Fasano, 273 F.3d 916 (9th Cir. 2001).

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Opinion

This case has been remanded by the United States Supreme Court for reconsideration in light of the Court’s decision in INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001). See Fasano v. Richards-Diaz, — U.S.-, 121 S.Ct. 2584, 150 L.Ed.2d 745 (2001). We asked for further briefing and, in such briefing, the parties agree that, in light of St. Cyr, petitioner is eligible to apply for discretionary relief from deportation under former § 212(c) of the Immigration and Naturalization Act, 8 U.S.C. § 1182(c) (1994).¹

Accordingly, the judgment of the district court is vacated and this case is remanded to the district court with directions that it further remand this case to the Board of Immigration Appeals for consideration of petitioner’s application for discretionary relief from deportation.

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This case has been remanded by the United States Supreme Court for reconsideration in light of the Court’s decision in INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001). See Fasano v. Richards-Diaz, — U.S.-, 121 S.Ct. 2584, 150 L.Ed.2d 745 (2001). We asked for further briefing and, in such briefing, the parties agree that, in light of St. Cyr, petitioner is eligible to apply for discretionary relief from deportation under former § 212(c) of the Immigration and Naturalization Act, 8 U.S.C. § 1182(c) (1994).¹

Accordingly, the judgment of the district court is vacated and this case is remanded to the district court with directions that it further remand this case to the Board of Immigration Appeals for consideration of petitioner’s application for discretionary relief from deportation.

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273 F.3d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-diaz-v-fasano-ca9-2001.

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