Momin v. Gonzales

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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_________________________
No. 05-60119
_________________________
AMIN MEMANJI MOMIN,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
__________________________________________________
Appeal from the Board of Immigration Appeals
(No. A78-562-049)
__________________________________________________
Before REAVLEY, CLEMENT, and PRADO, Circuit Judges.
EDITH BROWN CLEMENT, Circuit Judge:
In this petition for panel rehearing, the Petitioner, Amin Memanji Momin, contends that this
court should reconsider its previous decision, Momin v. Gonzales, 447 F.3d 447 (5th Cir. 2006), in
light of the repeal of the regulations on which the decision was premised. The new federal regulations
apply to “all cases pending administrative or judicial review on or after May 12, 2006.” Eligibility
of Arriving Aliens in Removal Proceedings, 71 Fed. Reg. 27,585, 27,588 (May 12, 1996); see
United States Court of Appeals
Fifth Circuit
F I L E D
August 25, 2006
Charles R. Fulbruge III
Clerk

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Mouelle v. Gonzales, 416 F.3d 923 (8th Cir. 2005), cert. granted and judgment vacated, 126 S. Ct.
2964 (2006) (remanding to the Eighth Circuit for further consideration in light of the new
regulations).
On May 12, 2006, the mandate had not issued. Both the Petitioner and the Respondent ask
this court to grant the petition for rehearing, vacate our opinion, and remand the case to the Board
of Immigration Appeals (“BIA”) for further proceedings under the new regulations. We agree with
their position.
Accordingly, we GRANT the petition for rehearing, VACATE our previous opinion, 447 F.3d
447, and REMAND the case to the BIA for further proceedings under the new regulations.

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