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order denying cancellation of removal for failure to satisfy the seven-year continuous residence requirement of the now-repealed INA section 212(c) is denied where an application of the "criminal-offense stop-time rule" under 8 U.S.C. section 1229b(d)(1)(B) of the Illegal Immigration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.