Ninth Circuit grants en banc to reconsider Garfias-Rodriguez

The Ninth Circuit issued an order today indicating its intention to rehear/review it’s prior decision en banc in Garfias-Rodriguez v. Holder. As you may recall, in its prior decision the Ninth Circuit found that aliens who relied upon Acosta and Perez-Gonzales in filing adjustment of status applications could not claim a reliance interest in such relief, and that the bar could be applied retroactively.
 
This is great news and hopefully the en banc Court will rule otherwise or limit its application prospectively, giving hope to those who are barred under INA 212(a)(9)(C), but who were “grandfathered” under INA 245(i) and sought such relief, affirmatively, and in such reliance.
 
Link to the order: http://www.ca9.uscourts.gov/datastore/opinions/2012/03/01/0972603ebo.pdf
 
Link to the original published decision: http://www.ca9.uscourts.gov/datastore/opinions/2011/04/11/09-72603.pdf
 EQ