Lawrence v. Holder
2013 U.S. App. LEXIS 10184
9th Cir.2013Background
- Lawrence, a Panama native and LPR since 1987, pled guilty to armed robbery and kidnapping in California in 1992 and served ~5.5 years of a 9-year term.
- A Notice to Appear was issued before his release, alleging removability as an LPR convicted of an aggravated felony and a CIMT.
- IJ found Lawrence removable and denied asylum/withholding; CAT claim then remanded to consider CAT.
- In 2004 Lawrence sought §212(c) relief; IMMACT bars relief for aggravated felonies with ≥5 years’ imprisonment, applicable to post-1990 admissions.
- IJ pretermitted §212(c) relief in 2006 due to the five-year bar; BIA affirmed in 2007, holding the bar applies to post-IMMACT applications regardless of initial admission date.
- This appeal challenges whether the aggravated felony bar applies to Lawrence’s §212(c) relief given his pre-1990 admission and post-IMMACT application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the aggravated felony bar applies to §212(c) relief after IMMACT §511(b). | Lawrence: bar acts only on admissions after 11/29/1990. | Holder: bar applies to all post-IMMACT applications. | Bar applies to Lawrence’s post-IMMACT §212(c) petition. |
| What constitutes 'admission' for the §511(b) timing? | Lawrence: his 1987 LPR status means no post-1990 admission. | Agency: treatment includes applications after November 29, 1990 regardless of departure. | Courts defer to AG interpretation that 'admissions' covers post-1990 relief applications. |
| Should initial admission date control when applying the §212(c) bar to an alien who never left? | Lawrence emphasizes initial admission pre-dates IMMACT. | Agency/BI A: returning/deportation context broadens §212(c) to post-1990 filings. | The majority adopts the agency interpretation; bar applies. |
Key Cases Cited
- INS v. St. Cyr, 533 U.S. 289 (2001), 533 U.S. 289 (U.S. 2001) (repeal of §212(c) but applicability to pre-1997 pleas)
- Tapia-Acuna v. INS, 640 F.2d 223 (9th Cir. 1981), 640 F.2d 223 (9th Cir. 1981) (interpretation of admissions and waivers under §212(c))
- In re Silva, 16 I. & N. Dec. 26 (BIA 1976), 16 I. & N. Dec. 26 (BIA 1976) (early BIA view on 212(c) relief scope)
- Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984), 467 U.S. 837 (U.S. 1984) (agency deference to permissible statutory interpretations)
- Elias-Zacarias, INS v. 502 U.S. 478 (1992), 502 U.S. 478 (U.S. 1992) (deference framework for legal interpretations)
- De Osorio v. INS, 10 F.3d 1034 (4th Cir. 1993), 10 F.3d 1034 (4th Cir. 1993) (circuit consensus on post-IMMACT admissions)