United States Second Circuit

Relief from deportation under INA section 212(c) is foreclosed by retroactive application of the Immigration and Nationality Technical Corrections Act of 1994. Petitioner should be afforded the opportunity to pursue Gabryelsky relief because the IJ erred by failing to recognize that such relief was possible.

Appellate Information

• Decided 08/04/2003
• Published 08/04/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  MCLAUGHLIN and CABRANES, Circuit Judges, and LYNCH, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Scott Dunn, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel, Alan Vinegrad, United States Attorney, on the brief), Office of the United States Attorney for the Eastern District of New York, Brooklyn, NY;  Alison Drucker, Office of Immigration Litigation, Washington, D.C., for Respondents-Appellants., Bryan Lonegan (Janet Sabel, Scott Rosenberg, Helaine Barnett, of counsel), The Legal Aid Society, Brooklyn, NY, for Petitioner-Appellee.