MARINELARENA v. SESSIONS

No. 14-72003.

869 F.3d 780 (2017)

Aracely MARINELARENA, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Resubmitted August 4, 2017 Pasadena, California.

Filed August 23, 2017.


Attorney(s) appearing for the Case

Andrew Knapp (argued), Supervising Attorney; Laura Free (argued), Isis Miranda (argued), Lilit Arabyan , and Eric M. Sowatsky , Certified Law Students; Southwestern Law School, Los Angeles, California; for Petitioner.

Tim Ramnitz (argued), Attorney; Jennifer P. Levings , Senior Litigation Counsel; Shelley R. Goad , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Brian Goldman (argued), Orrick Herrington & Sutcliffe LLP, San Francisco, California; Manuel Vargas and Andrew Wachtenheim , Immigrant Defense Project, New York, New York; Jayashri Srikantiah and Lisa Weissman-Ward , Immigrants' Rights Clinic, Mills Legal Clinic, Stanford Law School, Stanford, California; for Amici Curiae Immigrant Defense Project, American Immigration Lawyers Association, Asian Americans Advancing Justice-Asian Law Caucus, Community Legal Services in East Palo Alto, Detention Watch Network, Florence Immigrant and Refugee Rights Project, Heartland Alliance's National Immigrant Justice Center, Immigrant Legal Resource Center, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, Northwest Immigrant Rights Project, Public Counsel, and U.C. Davis Immigration Law Clinic.

Dissent by Judge Tashima


OPINION

Petitioner Aracely Marinelarena, a native and citizen of Mexico, stands convicted of conspiring to sell and transport a controlled substance in violation of California Penal Code section 182(a)(1). After the federal government initiated removal proceedings, she conceded removability but applied for cancellation...

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