A daily digest of immigration-related federal court decisions from around the United States.
Immigration Litigation Update 9th Cir. Agrees to En Banc Rehearing of Whether Smuggling Own Spouse Bars GMC | 9th Cir. Agrees to En Banc Rehearing of Whether Smuggling Own Spouse Bars GMC |
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| Thursday, 09 October 2008 | |||||
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Sanchez v. Mukasey (9th Cir., 10/9/08, No. 04-75584) KOZINSKI, Chief Judge "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit."
Read opinion here (above is total opinion)
Our earlier blog on case: Sanchez v. Mukasey (9th Cir. 4/2/08) SCHROEDER Hug (Wallace, concurring) The 9th Cir found that smuggling one's own spouse - which triggers inadmissibility under 212(a)(6)(E) - does not bar good moral character because it is waivable by 212(d)(11). It found that the analysis at Moran v. Ashcroft, 395 F.3d 1089 (9th Cir. 2005), was not dicta, and thus, controlled. Wallace, writing separately, agrees that Moran probably governs, but thinks that it was wrongly decided and should be reheard en banc.
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