United States Second Circuit

Aliens who were erroneously denied the opportunity to apply for relief under section 212(c) of the Immigration and nationality Act should not be barred from seeking such relief as a result of their subsequent accrual of five or more years of imprisonment on aggravated felony offenses.

Appellate Information

• Decided 12/17/2004
• Published 12/17/2004

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI and SOTOMAYOR, Circuit Judges, and HALL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marjorie M. Smith (Englander & Smith, of counsel), Tappan, NY, for Petitioner-Appellant Edwards, No. 03-2292.


• For Appellees:
  
• Steven Kim, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (F. Franklin Amanat, Varuni Nelson, Assistant United States Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellee, No. 03-2292., Anjan Sahni, Wilmer, Cutler & Pickering (Paul A. Engelmayer, on the brief), New York, NY, for Petitioner-Appellee Falconi, No. 03-2104., Steven Kim, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Varuni Nelson, Kristen Chapman, Assistant United States Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellee, No. 03-2104.