What is the retroactivity of a motion seeking to retroactively retroactively apply to a plaintiff's claim?
The following excerpt is from Acosta-Olivarria v. Lynch, 799 F.3d 1271 (9th Cir. 2015):
4 Although the BIA did not rule on the retroactivity question, we may address it in the first instance. The parties have filed supplemental briefs on the issue, and the BIA has no special expertise regarding retroactivity. See GarfiasRodriguez v. Holder, 702 F.3d 504, 51415 (9th Cir.2012) (en banc).
4 Although the BIA did not rule on the retroactivity question, we may address it in the first instance. The parties have filed supplemental briefs on the issue, and the BIA has no special expertise regarding retroactivity. See GarfiasRodriguez v. Holder, 702 F.3d 504, 51415 (9th Cir.2012) (en banc).
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