United States Tenth Circuit

The Supreme Court's retroactivity cases require only objective, and not subjective, reliance to sustain a retroactivity claim. A defendant who proceeds to trial but forgoes his right to appeal when INA section 212(c) relief was potentially available has suffered retroactive effects under the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA), in contravention of I.N.S. v. St. Cyr, 533 U.S. 289 (2001).

Appellate Information

• Decided 08/18/2006
• Published 08/21/2006

Judges

• LUCERO, Circuit Judge., Before HENRY, HOLLOWAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Laura L. Lichter, Lichter & Associates, Denver, CO, for the Petitioner.


• For Appellees:
  
• Donald E. Keener, Deputy Director, United States Department of Justice, Civil Division, Office of Immigration Litigation (Alison Marie Igoe, Senior Litigation Counsel, with him on the brief), Washington, D.C., for the Respondents.