United States Second Circuit

Italian alien's petition for a habeas writ preventing his deportation was properly dismissed. He is deportable because he was convicted of an offense "relating to tax evasion" under 26 U.S.C. section 7201; he does not qualify for INA section 212(c) relief from deportation because the removal proceedings were commenced after that section had been repealed.

Appellate Information

• Decided 02/23/2004
• Published 02/23/2004

Judges

• SACK, Circuit Judge., Before:  CARDAMONE, SACK, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno,Bretz & Coven, LLP (Kerry William Bretz and Jules E. Coven, of counsel), New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Dione M. Enea, Special Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, and Varuni Nelson, Assistant United States Attorney, of counsel), Brooklyn, NY, for Respondents-Appellees.