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093600P.pdf 06/14/2011 Alejandra Sandoval v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 09-3600
Board of Immigration Appeals
[PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Melloy,
Circuit Judge]
Petition for Review - Immigration. On the record before the court, it
cannot be determined whether the Board of Immigration Appeals rejected
petitioner's arguments concerning section 212(a)(6)(C)((ii) of the
Immigration and Nationality Act on a wholesale basis, refusing to exempt
from the statute minors no matter what their age, or whether the BIA's
analysis was more nuanced and hinged on certain factors that warranted
application of the statute in this particular case; the BIA must articulate a
sufficient basis for its decision in order to enable meaningful review, and
the matter is remanded with directions to clarify the standard used in
applying the section to unaccompanied minors and to articulate the
reasons why petitioner is not entitled to relief under that standard. Chief
Judge Riley, dissenting.