Jayantha Edirsinghe Kankamalage v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
SILVERMAN, Circuit Judge.
In 1988, when petitioner Jayantha Kan-kamalage pleaded guilty to robbery, a conviction for that offense did not categorically disqualify him from consideration for asylum. In 1990, a new regulation was promulgated that changed that; he became categorically ineligible for a discretionary grant of asylum. In accordance with INS v. St Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001), we hold that the 1990 regulation cannot be appbed retroactively to categorically exclude Kan-kamalage from consideration for asylum.
I. Background
Kankamalage, a citizen of Sri…
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