Gregorio Tejeda-Febles v. Immigration and Naturalization Service

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregorio TEJEDA-FEBLES, Plaintiff-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee. No. 94-55870. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided Dec. 29, 1995. Before: FARRIS, BRUNETTI and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 The Immigration Examiner's lengthy report conspicuously fails to consider evidence of petitioner's rehabilitation, particularly his efforts to better himself while in prison and since. The district court also failed to consider the rehabilitation evidence in the record in its determination. Given the statutory focus on petitioner's current moral character, see 8 U.S.C. Secs. 1427 (a), 1440(b)(2), this evidence is highly probative. We VACATE the district court's order and REMAND for reconsideration in light of this evidence. 3 FARRIS, Circuit Judge, dissenting. 4 I respectfully dissent. 5 The alien has the burden of…