context: We do not agree. Since the law governing the classification of aggravated identity theft was unsettled at the time of the appellant's removal, we cannot fairly conclude that the appellant was misled at all. A waiver of rights based on a reasonable interpretation of existing law is not rendered faulty by later jurisprudential developments.
citation_a.signal: cf.
citation_a.identifier: 577 F.3d 288, 299
citation_a.parenthetical: finding no due process violation in BIA's refusal to entertain a motion to reopen removal proceedings even though offense underlying removal was later determined not to be an aggravated felony
citation_a.sentence: See Brady v. United States, 397 U.S. 742, 757, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); see also Baptist, 759 F.3d at 698 (explaining that “the law in effect at the time of [the defendant’s] challenged removal is what matters to [the court’s] analysis”); cf. Ovalles v. Holder, 577 F.3d 288, 299 (5th Cir.2009) (per curiam) (finding no due process violation in BIA’s refusal to entertain a motion to reopen removal proceedings even though offense underlying removal was later determined not to be an aggravated felony).
citation_b.signal: see also
citation_b.identifier: 759 F.3d 698, 698
citation_b.parenthetical: explaining that "the law in effect at the time of [the defendant's] challenged removal is what matters to [the court's] analysis"
citation_b.sentence: See Brady v. United States, 397 U.S. 742, 757, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); see also Baptist, 759 F.3d at 698 (explaining that “the law in effect at the time of [the defendant’s] challenged removal is what matters to [the court’s] analysis”); cf. Ovalles v. Holder, 577 F.3d 288, 299 (5th Cir.2009) (per curiam) (finding no due process violation in BIA’s refusal to entertain a motion to reopen removal proceedings even though offense underlying removal was later determined not to be an aggravated felony).