Argued and Submitted En Banc, San Francisco, California September 10, 2015.
[Copyrighted Material Omitted]
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A078-755-092, Agency No. A078-755-092.
Mark C. Fleming (argued), Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts; Daniel Winik, Wilmer Cutler Pickering Hale and Dorr LLP, Washington D.C.; Michael J. Codner and Murray D. Hilts, Law Offices of Murray D. Hilts, San Diego, California, for Petitioner.
Leon Fresco, Deputy Assistant Attorney General (argued); Tony West, Assistant Attorney General; Leslie McKay, Assistant Director; Carol Federighi, Senior Litigation Counsel; Stefanie Notarino Hennes, Trial Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.
Jayashri Srikantiah, and Alison Kamhi, Immigrant's Rights Clinic, Mills Legal Clinic, Stanford Law School, Stanford, California; Manuel Vargas and Isaac Wheeler, Immigrant Defense Project, New York, New York, for Amicus Curiae Immigrant Defense Project, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center, and Federal Defenders of San Diego.
Charles Roth, National Immigrant Justice Center, Chicago, Illinois; Matt Adams, National Immigrant Rights Project, Seattle, Washington; Benjamin R. Casper, University of Minnesota Law School, Center for New Americans, Federal Immigration Litigation Clinic, Minneapolis, Minnesota; Northwest Immigrant Rights Project, Seattle, Washington, for Amici Curiae the National Immigrant Justice Center and the Northwest Immigrant Rights Project.
Vincent J. Brunkow, Reuben Camper Cahn, and Kara Hartzler, Federal Defenders of San Diego, Inc., San Diego, California, for Amici Curiae the Ninth Circuit Federal Defenders and Community Defenders, the California Public Defenders Association and individual California Public Defender Offices, and National Association of Criminal Defense Lawyers.
Devin T. Theriot-Orr and Ralph Hua, Gibbs Houston Pauw, Seattle, Washington, for Amici Curiae American Immigration Lawyers Association, Immigrant Defense Project, Immigrant Legal Resource Center, National Immigration Project of the National Lawyers Guild, the University of California Davis School of Law Immigration Law Clinic, Community Legal Services in East Palo Alto, Detention Watch Network, the Florence Immigrant and Refugee Rights Project, the National Immigration Law Center, and Public Counsel.
Before: Sidney R. Thomas, Chief Judge and Ronald M. Gould, Richard C. Tallman, Johnnie B. Rawlinson, Jay S. Bybee, Consuelo M. Callahan, Sandra S. Ikuta, N. Randy Smith, Jacqueline H. Nguyen, Paul J. Watford and John B. Owens, Circuit Judges.
The Opinion filed on December 28, 2015, is ...