Legal Opinion

Jayantha Edirsinghe Kankamalage v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided July 8, 2003No. 02-71415PublishedCited by 112 opinions

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…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  4. United States v. Pedro Velasco-MedinaCourt of Appeals for the Ninth Circuit · 2002
  5. Hose v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by112 opinions

  1. Todor Krumov Simeonov v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. Prieto-Romero v. ClarkCourt of Appeals for the Ninth Circuit · 2008
  3. Joseph Tshibang Kalubi v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Arteaga v. MukaseyCourt of Appeals for the Ninth Circuit · 2007
  5. Sandoval-Luna v. MukaseyCourt of Appeals for the Ninth Circuit · 2008

107 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API