Francisco Javier GARFIAS-RODRIGUEZ, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc June 20, 2012.
Filed October 19, 2012.
Attorney(s) appearing for the Case
Matt Adams , Northwest Immigrant Rights Project, Seattle, WA, for the petitioner.
Stuart F. Delery , Acting Assistant Attorney General, Donald E. Keener , Deputy Director, and Luis E. Perez , Senior Litigation Counsel, Department of Justice, Civil Division, Washington, D.C.; John W. Blakeley , Senior Litigation Counsel, Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.
Gary A. Watt , Amicus Curiae, Hastings Appellate Project, Pro Bono Counsel for Eriberto Errera, San Francisco, CA.
Beth Werlin , American Immigration Council, Washington, DC, Stacy Tolchin , Law Offices of Stacy Tolchin, Los Angeles, CA, Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, MA, Marc Van Der Hout , Van Der Hout , Brigagliano & Nightingale, LLP, San Francisco, CA, Amicus Curiae, Named Plaintiffs and Proposed Redefined Class in Duran Gonzales v. Department of Homeland Security, No. 09-35174 (9th Cir.), Washington, D.C.
Charles Roth , Amicus Curiae, National Immigration Justice Center, Chicago, IL.
Stephen W. Manning , Amicus Curiae, American Immigration Lawyers Association, Washington, D.C.
Opinion by Judge BYBEE; Concurrence by Chief Judge KOZINSKI; Concurrence by Judge GOULD; Partial Concurrence and Partial Dissent by Judge GRABER; Dissent by Judge REINHARDT; Dissent by Judge PAEZ.
United States Court of Appeals, Ninth Circuit.
OPINION
BYBEE, Circuit Judge:
In National Cable & Telecommunications Ass'n v. Brand X Internet Services, the Supreme Court instructed federal courts to defer to reasonable agency interpretations of ambiguous statutes, even when those interpretations conflict with the prior holding of a federal circuit court. 545 U.S. 967, 982-83, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005). That is the situation we confront here. In...
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