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United States Second Circuit


Martinez v. INS, 03-41049, 05-3319

Petition for review of an order denying cancellation of removal for failure to satisfy the seven-year continuous residence requirement of the now-repealed INA section 212(c) is denied where an application of the "criminal-offense stop-time rule" under 8 U.S.C. section 1229b(d)(1)(B) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 ("IIRIRA") to petitioner's pre-IIRIRA offense was not impermissibly retroactive.

Appellate Information

  • Argued 04/18/2007
  • Decided 04/23/2008
  • Published 04/23/2008

Judges

  • Before: WALKER, STRAUB, and B.D. PARKER, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Leonardo Zuluaga Martinez, pro se, Framingham, Mass., for Petitioner., Nancy Morawetz, Washington Square Legal Services, New York University School of Law, New York, N.Y., Amicus Curiae in Support of Petitioner.

  • For Appellees:
  • Lizas Murcia, Assistant United States Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), Buffalo, N.Y., for Respondent.
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