De Niz Robles v. Lynch

Petitioner Alfonzo De Niz Robles filed an administrative application for an adjustment of status after and in reliance on the Tenth Circuit’s decision in “Padilla-Caldera v. Gonzales (Padilla-Caldera I, 426 F.3d 1294 (2005)). His petition languished so long that it still stood waiting for a decision four years later, after the BIA handed down “In re Briones, (24 I.&N. Dec. 355 (BIA 2007). The Tenth Circuit decided “Padilla-Caldera II.” When the BIA finally did take up petitioner’s petition in 2013, it decided to apply its decision in Briones retroactively to his case, using it to hold him categorically ineligible for an adjustment of status and subject to removal. On appeal. Petitioner sought to overturn that decision. “[I]n the end, the BIA’s decision to apply Briones retroactively to Mr. De Niz Robles finds no support in our examination of the principles underlying the law of retroactivity, in Supreme Court or circuit precedent, or in relevant authority from other jurisdictions.” View "De Niz Robles v. Lynch" on Justia Law