Melvin Wilfredo Alvarado Ponce v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELVIN WILFREDO ALVARADO
PONCE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72096
Agency No. A037-764-037
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Melvin Wilfredo Alvarado Ponce, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s removal order. We have jurisdiction under
FILED
NOV 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-72096 2
8 U.S.C. § 1252. We review de novo questions of law, Khan v. Holder, 584 F.3d
773, 776 (9th Cir. 2009), and we grant the petition for review and remand.
Because Alvarado Ponce was charged as inadmissible under 8 U.S.C.
§ 1182(a)(2)(A)(i)(I) upon his return to the United States, the agency erred in
finding that he was ineligible for former section 212(c) relief. See 8 U.S.C.
§ 1182(c) (repealed 1996); Abebe v. Mukasey, 554 F.3d 1203, 1205 (9th Cir. 2009)
(en banc) (per curiam) (“Under its plain language, section 212(c) gives the
Attorney General discretion to grant lawful permanent residents relief only from
inadmissibility - not deportation.”) (emphasis in original). We remand to the
agency to allow Alvarado Ponce to apply for former section 212(c) relief.
PETITION FOR REVIEW GRANTED; REMANDED.

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