Abebe v. Mukasey

I concur in the judgment, denying in part and dismissing in part Yewhalashet Abebe’s petition for review. I do not join most of the majority opinion,1 however, because I believe it is both unnecessary and unwise to overrule our prior decision in Tapia-Acuna r. INS, 640 F.2d 223 (9th Cir.1981), to reach that result. The government has not advocated such a drastic step. The original decision by a three-judge panel of our court, Abebe v. Gonzales, 493 F.3d 1092 (9th Cir.2007), reached the same result in this case as the majority reaches today, simply by applying our existing precedent, Komarenko…