United States Second Circuit

Dismissal of habeas petition of alien deemed ineligible for discretionary relief from deportation under now-repealed section 212(c) of the Immigration and Nationality Act, where alien served more than five years in custody for an aggravated felony, is upheld over claims that: 1) petitioner's pre-conviction detention should not count toward accrual of the five-year bar; and 2) that time spent in post-conviction custody stopped accruing for purposes of the five-year bar while he administratively challenged the INS's erroneous retroactive application to his case of an AEDPA amendment excluding aggravated felons from section 212(c) relief.

Appellate Information

• Decided 11/28/2006
• Published 11/29/2006

Judges

• RAGGI, Circuit Judge., Before OAKES, STRAUB, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas I. Sheridan III, (Melissa C. Welch, on the brief) Hanly, Conroy, Bierstein & Sheridan LLP, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• William J. Nardini, Assistant United States Attorney, (Sandra S. Glover, Assistant United States Attorney, and Davon Collins, Law Student Intern, on the brief), for Kevin J. O'Connor, United States Attorney for the District of Connecticut, Hartford, CT, for Respondent-Appellee.