United States Second Circuit

Decision of BIA finding under the AEDPA, that petitioner is deportable as an aggravated felon and ineligible to seek a discretionary waiver of deportation under former section 212(c) of the Immigration and Nationality Act, is vacated where petitioner may assert a claim of reliance under Restrepo v. McElroy, 369 F.3d 627 (2d Cir. 2004), which if proven before an immigration judge would make AEDPA's section 440(d) impermissibly retroactive as applied to him. (Amended)

Appellate Information

• Argued 12/12/2007
• Decided 02/28/2008
• Published 02/28/2008

Judges

• KEENAN, District Judge:, Before:  CARDAMONE and POOLER, Circuit Judges, and KEENAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno, Bretz & Coven, LLP, (Jules E. Coven and Kerry W. Bretz, on the brief), New York, N.Y., for Petitioner.


• For Appellees:
  
• Andrew M. McNeela, Assistant United States Attorney for Michael J. Garcia, United States Attorney for the Southern District of New York (Ross E. Morrison, Assistant United States Attorney, on the brief), New York, N.Y., for Respondents.