United States First Circuit

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Holder v. Lynch, 15-1864

In a case in which petitioner was convicted of committed kidnapping for ransom, a felony under California law that rendered him deportable under 8 U.S.C. sections 1101(a)(43)(F), (H) and1227(a)(2)(A)(iii), and after petitioner committed the crime, Congress enacted the Immigration Act of 1990 (IMMACT), divesting the Attorney General of the discretion to grant a waiver, under 8 U.S.C. section 1182(c), to any person who served five or more years of incarceration for an aggravated felony, the petition for review of the Board of Immigration Appeals (BIA) is denied where the post-enactment date of conviction controlled, rendering section 212(c) relief unavailable to petitioner.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/17




  • United States First Circuit


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