United States Second Circuit

Plaintiff's receipt of an order to show cause, prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), did not commence deportation proceedings against him and, consequently, he is subject to IIRIRA's permanent cancellation of removal provisions.

Appellate Information

• Decided 08/25/2005
• Published 08/26/2005

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  CABRANES and RAGGI, Circuit Judges, and SAND, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Roberto Tschudin Lucheme, Glastonbury, CT, for Petitioner.


• For Appellees:
  
• Andrew Sparks, Assistant United States Attorney (Gregory F. Van Tatenhove, United States Attorney for the Eastern District of Kentucky, on the brief), United States Attorney's Office for the Eastern District of Kentucky, Lexington, KY, for Respondent.