United States Court of Appeals,
Eleventh Circuit.
No. 94-2071.
Po Shing YEUNG, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Jan. 2, 1996.
(As Corrected Jan. 5, 1996)
Petition for Review of an Order of the Board of Immigration
Appeals.
ON PETITION FOR REHEARING
Before EDMONDSON and BARKETT, Circuit Judges, and DYER, Senior
Circuit Judge.
PER CURIAM:
The Petition for Rehearing is granted and the opinion modified
by deleting the penultimate paragraph and substituting the
following:
For these reasons, we find the Board's interpretation of
§ 212(h) unconstitutional as applied to Po. We recognize,
however, that the issues raised here are of national
importance in "an area of the law where uniformity is
particularly important." Jaramillo v. INS, 1 F.3d 1149, 1155
(11th Cir.1993) (en banc). We will therefore afford the
Attorney General, in whom Congress has vested the authority to
rule on legal questions arising from the immigration law, the
opportunity to reconsider and construe § 212(h) consistent
with the competing statutory, constitutional, and policy
interests at stake.
We remand the case to the Board of Immigration Appeals
with instructions to reconsider its prior interpretation of §
212(h) in Sanchez, Matter of Parodi, 17 I. & N.Dec. 218 (BIA
1980) (overruling Sanchez would conflict with the Parodi
extension), and Yeung in order to make them consistent with
the language of the statute itself. See Chevron U.S.A., Inc.
v. Natural Resources Defense Council, Inc., 467 U.S. 837, 844-
45, 104 S.Ct. 2778, 2782-83, 81 L.Ed.2d 694 (1984).
REVERSED and REMANDED.