United States Second Circuit

Antiterrorism and Effective Death Penalty Act section 440(d), which bars the Attorney General from granting a discretionary waiver of deportation to any alien who is removable from the US by reason of her conviction of an aggravated felony, is not impermissibly retroactive as applied to aliens who pleaded guilty following the Act's effective date, even if the criminal conduct underlying their convictions took place before the Act's effective date.

Appellate Information

• Decided 01/07/2004
• Published 01/07/2004

Judges

• KEARSE, Circuit Judge., Before:  FEINBERG, KEARSE, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno, New York, New York (Kerry William Breetz, Jules E. Coven, Breetz & Coven, New York, New York, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Kristen Chapman, Assistant United States Attorney, Brooklyn, New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, Brooklyn, New York, on the brief), for Respondents-Appellees.