MEJIA v. GONZALES

Nos. 04-74001, 04-76214.

499 F.3d 991 (2007)

Jorge MEJIA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. Jorge Mejia, Petitioner, v. Alberto R. Gonzales, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2007.


Attorney(s) appearing for the Case

Raul E. Godinez, Law Office of Raul E. Godinez, Los Angeles, CA, for the petitioner.

Peter Keisler, Assistant Attorney General, Department of Justice, and Francesco Isgro and Papu Sandu, Office of Immigration Litigation, Department of Justice, Washington, DC, for the respondent.

Before: B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.


McKEOWN, Circuit Judge:

In late 2002, the Attorney General promulgated a rule designed to guide Immigration Judges ("IJs") in deciding whether to grant waivers of inadmissibility to the United States based on certain criminal grounds. The regulation provides that in cases where individuals have committed "violent or dangerous crimes," the Attorney General will not exercise his discretion to grant waivers under 8 U.S.C. § 1182(h) (known as § 212(h) relief...

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