Tomas Ceron-Silvas v. Eric Holder, Jr.

Case: 11-60352 Document: 00511831768 Page: 1 Date Filed: 04/23/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 23, 2012
No. 11-60352 Lyle W. Cayce
Summary Calendar Clerk
TOMAS CERON-SILVAS,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A091-824-863
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
The Board of Immigration Appeals (BIA) determined, inter alia, that
Tomas Ceron-Silvas was ineligible for discretionary relief from deportation,
pursuant to a waiver of inadmissibility under former § 212(c)1 of the
Immigration and Nationality Act, “because an aggravated felony crime of
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
1
8 U.S.C. § 1182(c) (1994).
Case: 11-60352 Document: 00511831768 Page: 2 Date Filed: 04/23/2012
No. 10-60342
violence has no comparable ground of inadmissibility.” However, after Ceron-
Silva’s petition for review was filed, the Supreme Court decided Judulang v.
Holder, 132 S. Ct. 476 (2011). In Judulang the Court considered the BIA’s
“comparable-grounds” rule for determining whether an alien is eligible for relief
under former § 212(c). The Court held that the comparable-grounds rule is
arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. §
706(2)(A). Judulang, 132 S. Ct. at 483-84. The Supreme Court explained that
“[i]n rejecting th[e] rule, we do not preclude the BIA from trying to devise
another, equally economical policy respecting eligibility for § 212(c) relief, so long
as it comports with everything held in both this decision and [I.N.S. v.] St. Cyr[,]
[533 U.S. 289 (2001)].” Id. at 490. Accordingly, it is proper to remand this case
to the BIA to reconsider its decision regarding whether Ceron-Silva is eligible for
§ 212(c) relief.
We GRANT Ceron-Silva’s petition for review, VACATE the BIA’s
judgment, and REMAND the case to the BIA for reconsideration in light of
Judulang.
2