Judge Bybee wrote the opinion joined by Judge Fisher, Judge Rawlinson, Judge Ikuta, Judge Clifton Judge Ikuta and Judge Murguia.
In Acosta v. Gonzales, 439 F.3d 550, 553-56 (9th Cir. 2006), we held that aliens who are inadmissible under § 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1182(a)(9)(C)(i)(I), are eligible for adjustment of status under INA § 245(i), 8 U.S.C. § 1255(i), in spite of the latter section’s requirement of admissibility. A year later, the Board of Immigration Appeals (“BIA”) decided that such aliens are not eligible to apply for adjustment of status under § 245(i) in In re Briones, 24 I. & N. Dec. 355, 371 (BIA 2007). ..
We conclude that we must defer to the BIA’s decision, and we hold that the BIA’s decision may be applied retroactively to Garfias. We thus deny his petition for review.
Judge Graber concurred in part and dissented in part.
Judge Paez and Judge Reinhardt also issued a separate dissent.
Judge Gould concurred.
And then there is from Chief Judge Kozinski at page 12626 of the opinion:
"Chief Judge Kozinski, disagreeing with everyone."
Hat tip ATL.