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TYSON v. HOLDER

No. 08-70219.

670 F.3d 1015 (2012)

Jacqueline TYSON, aka Jacqueline M. Ableman, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2012.

Attorney(s) appearing for the Case

Kari E. Hong (argued), Law Offices of Kari E. Hong, Portland, OR; Kara L. Hartzler , Florence Immigrant and Refugee Rights Project, Florence, AZ, for the petitioner-appellant.

Anna Nelson (argued), Kiley L. Kane , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent-appellee.

Before: M. MARGARET McKEOWN and MILAN D. SMITH, JR. Circuit Judges, and RUDI M. BREWSTER, District Judge.

OPINION

BREWSTER, Senior District Judge:

Jacqueline Tyson, a native of Australia, appeals the Board of Immigration Appeals' ("BIA") order of removal as an alien convicted of a controlled substance offense.1 Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c), which...

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