United States Second Circuit

The repeal of INA section 212(c) by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) does not have an impermissibly retroactive effect when applied to aliens who were convicted after a trial and prior to the effective date of IIRIRA. This holds even if the alien "detrimentally relied" on the availability of section 212(c) relief in rejecting a plea offer and proceeding to trial.

Appellate Information

• Decided 02/03/2004
• Published 02/03/2004

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WALKER, Chief Judge, KEARSE and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mitchell Cohen, Hallandale Beach, FL, for Appellant.


• For Appellees:
  
• Kristen Chapman, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.