MARINELARENA v. BARR

No. 14-72003.

930 F.3d 1039 (2019)

Aracely MARINELARENA, Petitioner, v. William P. BARR, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2019.


Attorney(s) appearing for the Case

Brian P. Goldman (argued), Orrick Herrington & Sutcliffe LLP, San Francisco, California; Benjamin P. Chagnon , Thomas M. Bondy , and Robert M. Loeb , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; Andrew Knapp , Southwestern Law School, Los Angeles, California; for Petitioner.

Tim Ramnitz (argued), Attorney; Patrick J. Glen , Senior Litigation Counsel; John W. Blakeley , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Jayashri Srikantiah and Jennifer Stark , Immigrants' Rights Clinic, Mills Legal Clinic, Stanford Law School, Stanford, California; Andrew Wachtenheim and Manuel Vargas , Immigrant Defense Project, New York, New York; 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. Sarah L. Rosenbluth and Christopher G. Clark, Boston, Massachusetts; Philip L. Torrey, Managing Attorney, Harvard Immigration and Refugee Clinical Program, Cambridge, Massachusetts; Jason A Cade, Athens, Georgia; Carrie L. Rosenbaum, San Francisco, California; for Amici Curiae Immigration Law Professors.

Dissent by Judge Ikuta


OPINION

We must decide whether, in the context of eligibility for cancellation of removal under 8 U.S.C. § 1229b(b), a record that is ambiguous as to whether a state law conviction constitutes a predicate offense that would bar a petitioner from relief actually does bar relief. We hold that it does not.

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