"The Obama administration may well have changed its discretionary policies and decided not to deport unauthorized aliens who are living a crime-free life. And that policy may indeed apply to you, Ms. Morales De Soto.
But ICE decided to remove you long before this policy came into effect. And if ICE feels, in the exercise of its discretion, not to apply this new policy to you, there's nothing we can -- or will -- do about it. Even if your case remains on appeal."
So holds the Ninth Circuit.