678 F.3d 967
9th Cir.2012Background
- Rangel-Zuazo, aged 13–14 at the offense, was charged as an adult and convicted after reaching majority.
- BIA affirmed that FJDA did not apply because the conviction was not a juvenile adjudication.
- The BIA held petitioner barred from a former INA § 212(c) waiver due to lack of a comparable ground.
- The Ninth Circuit granted review and reversed to remand for further proceedings.
- Supreme Court Judulang later overruled the BIA’s comparability framework, necessitating remand for 212(c) waiver eligibility.
- This appeal seeks to determine whether the conviction status and waiver eligibility were correctly determined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rangel-Zuazo has a conviction under INA 1101(a)(48)(A). | Rangel-Zuazo argues his juvenile status should count as a conviction. | Holder contends the conviction requires adult adjudication or post-majority sentencing, thus not a juvenile adjudication. | Yes; a juvenile adjudication counts as a conviction for immigration purposes. |
| Whether the differential treatment based on age at offense violates equal protection. | Petitioner asserts age-based distinctions lack rational basis. | Government argues rational basis exists for protecting and reforming minors. | No equal protection violation; rational basis exists. |
| Whether the BIA properly applied 212(c) waiver eligibility after Judulang. | Petitioner seeks 212(c) waiver; Blakian comparability framework is flawed. | BIA relied on In re Blake’s comparability rule. | Judulang overruled the comparability rule; remand for 212(c) proceedings. |
Key Cases Cited
- Vargas-Hernandez v. Gonzales, 497 F.3d 919 (9th Cir.2007) (juvenile adjudication can constitute a conviction for immigration purposes)
- Morasch v. INS, 363 F.2d 30 (9th Cir.1966) (definition of conviction extends to state adjudications)
- Singh v. U.S. Attorney Gen., 561 F.3d 1275 (11th Cir.2009) (adult conviction governs immigration purposes)
- Savchuck v. Mukasey, 518 F.3d 119 (2d Cir.2008) (agency interpretation consistent with other circuits)
- Vieira Garcia v. INS, 239 F.3d 409 (1st Cir.2001) (use of adjudicating forum to determine seriousness of offense)
- Sareang Ye v. INS, 214 F.3d 1128 (9th Cir.2000) (uniformity in immigration determinations)
- Kahn v. INS, 36 F.3d 1412 (9th Cir.1994) (uniformity principle in immigration decisions)
- Avila-Murrieta v. INS, 762 F.2d 733 (9th Cir.1985) (consistency in adjudication policies)
- Judulang v. Holder, 132 S. Ct. 476 (2011) (overruled Blake comparability; arbitrary policy invalid)
- In re Blake, 23 I. & N. Dec. 722 (B.I.A.2005) (comparability requirement for 212(c) waiver)
- Blake v. Carbone, 489 F.3d 88 (2d Cir.2007) (remand on Blake framework)