United States Second Circuit

Petition for review of an order denying plaintiff a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act is granted where section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act preserves plaintiff's eligibility for relief under former section 212(c) of the INA because plaintiff's deportation proceedings commenced prior to the effective date of IIRIRA. The judgment is vacated and remanded for further proceedings.

Appellate Information

• Decided 02/26/2009
• Published 02/26/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  KEARSE, RAGGI, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

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


• For Appellees:
  
• Jesse M. Bless, Trial Attorney, Office of Immigration Litigation (Gregory G. Katsas, Assistant Attorney General, Civil Division, Jennifer Paisner Williams, Senior Litigation Counsel, on the brief), Civil Division, U.S. Department of Justice, Washington, DC, for respondent.