United States Second Circuit

Granting of immigration habeas petition is converted into granted petition for review, and case is remanded to BIA to determine whether petitioner can make an individualized showing of reliance on the continued availability of relief under the INA, 8 U.S.C. section 1182(c).

Appellate Information

• Argued 11/21/2005
• Decided 12/07/2006
• Published 12/08/2006

Judges

• OAKES, Senior Circuit Judge:, Before: JACOBS, Chief Judge, OAKES and WALKER, Senior Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, N.Y. (Omar C. Jadwat, New York, NY;  Lucas Guttentag and Jennifer C. Chang, Oakland, CA;  and Trina A. Realmuto and Mary Kenney, American Immigration Law Foundation, Washington, DC, of counsel), for American Immigration Law Foundation and the American Civil Liberties Union Foundation as Amici Curiae in support of Petitioner.


• For Appellees:
  
• Matthew L. Guadagno, New York, N.Y. (Ruchi Thaker, Kerry W. Bretz, Jules E. Coven, Chungmi Michelle Hua, on the brief, and Bretz & Coven, LLP, of counsel), for Petitioner-Appellee-Cross-Appellant., Andrew M. McNeela, Assistant United States Attorney, New York, NY, (Michael J. Garcia, United States Attorney for the Southern District of New York, Kathy S. Marks, Assistant United States Attorney, of counsel), for Respondents-Appellants-Cross-Appellees.