BIA does not Apply Retroactively

The Ninth Circuit ordered an court Wednesday an adjustment of status for a man who faced deportation, finding a Board of Appeals ruling that would have barred it should not apply retroactively.
In a 2 published decision, the appeals court sided with Mr.Acosta.
Writing for the majority, Circuit Judge said Acosta applied for an adjustment of status at a time when Ninth Circuit allowed for immigrants in his position to do so.
The court said Acosta-Olivarria should be held to that legal standard, not a conflicting one issued by the BIA several months later.
“When we announce a legal rule we do for the benefit of the general public,” Judge wrote.
The case was sent to the court with instructions to reinstate a decision to grant Acosta  the status adjustment he wanted. He wanted the “cancelacion de deportacion” in spanish to avoid the deportation.
According to Wednesday’s opinion, Acosta had been making travels between the USA. and Mexico for over a decade when he was arrested for illegal entry and removal proceedings began.
At that time, Ninth Circuit precedent allowed who been in the USA illegally for more than 1 year but were eligible for any visa to apply for a status adjustment and become a permanent resident.
Acosta applied to change the status and an judge granted that request.
But the government appealed the ruling and the BIA issued a decision of its own that ran counter to the Ninth Circuit holding.
The BIA said that who was considered inadmissible because he was illegally was not eligible for an adjustment of status.
With this new ruling the BIA sent Acosta’s case back to the court to be reconsidered and immigration court denied the status of adjustment.
Reviewing the case, the Ninth Circuit held it was not unreasonable for Acosta to rely on the circuit court’s published.
This court allowed non citizens to apply for adjustment of status despite being inadmissible,no contrary BIA decision interpreting  because Briones had not yet been decided.
Weighing all this, the court found the Briones decision should not apply retroactively. It has said Acosta’s interests in relying on the circuit decision, as well as the burden retroactivity´┐Żd impose, outweighed.
The decision drew from District Judge Thomas O. Rice, appeals court panel by designation. 
Judge Rice agreed that Acosta could not have reasonably relied on the Circuit’s decision because it came at time when the law on this was rapidly changing.
“No injustice has been shown ” the judge wrote. “The more fair approach would be to treat Acosta like all other aliens ineligible for adjustment under Briones.”