United States Second Circuit

Denial of petitioner's naturalization application by the BCIS is affirmed where: 1) Under the plain meaning of the definition of "conviction" in 8 U.S.C. section 1101(a)(48)(A), the entry of a "formal judgment of guilt...by a court" occurs when judgment is entered on the docket, not when a defendant pleads guilty; and 2) the 1990 amendments to the INA were not impermissibly applied retroactively to petitioner.

Appellate Information

• Argued 11/07/2007
• Decided 12/20/2007
• Published 12/20/2007

Judges

• KATZMANN, Circuit Judge:, Before: CABRANES, SACK, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

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


• For Appellees:
  
• F. James Loprest, Special Assistant United States Attorney (Kathy S. Marks, Assistant United States Attorney, of counsel) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.