Gilberto Acosta-Olivarria v. Loretta E. Lynch

RICE, District Judge,,

dissenting:

I respectfully dissent. On balance, the Montgomery Ward factors do not weigh in favor of departing from the general principles of retroactivity. Applying In re Briones, 24 I. & N. Dec. 355 (BIA 2007), the BIA properly found Acosta-Olivarria *1278inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I) and thus ineligible for adjustment of status under 8 U.S.C. § 1255(0.

As an initial matter, it is important to recognize “[t]he general rule ... that an appellate court must apply the law in effect at the time it renders its decision.” Thorpe v. Hous. Auth. of Durham, 393…