Rosalina Cuellar De Osorio v. Alejandro Mayorkas

M. SMITH, Circuit Judge,

with whom KOZINSKI, Chief Judge, and McKEOWN, W. FLETCHER and RAWLINSON, Circuit Judges, join, dissenting:

The statutory provision at issue in this case, 8 U.S.C. § 1153(h), “is far from a model of clarity.” Robles-Tenorio v. Holder, 444 Fed.Appx. 646, 649 (4th Cir.2011). The Second Circuit recently held that § 1153(h)(3) means the exact opposite of what the majority holds. See Li v. Renaud, 654 F.3d 376, 382-83 (2d Cir.2011). Other courts, including the original three-judge panel in this case, concluded that § 1153(h)(3) is ambiguous, and that the Board of Immigration…