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The Tenth Circuit granted the petition for review, holding that the Board of Immigration Appeals’ decision to retroactively apply Matter of Briones to the petitioner’s case found no support in the principles underlying the law of retroactivity, in U.S. Supreme Court or circuit precedent, or in relevant authority from other jurisdictions. The court further found that the petitioner’s reliance on the court’s 2005 decision in Padilla-Caldera v. Gonzales, which wasamended and superseded in 2006, was reasonable.

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