Court of Appeals for the Ninth Circuit October 19, 2012, 09-72603 (Francisco Garfias-Rodriguez v. Eric Holder, Jr.)

GOULD, Circuit Judge,

concurring:

I concur in the outcome of the majority opinion, and could join most of its analysis except for its decision in part III.B.3 to apply the test from Montgomery Ward & Co. v. FTC, 691 F.2d 1322, 1328 (9th Cir. 1982) for when agency decision should be applied retroactively.