United States Third Circuit

A petition for review of a denial of immigration relief for petitioner is granted as the BIA cannot preclude petitioner from applying for a discretionary waiver under former INA section 212(c) because IIRIRA's repeal of that section cannot be applied retroactively.

Appellate Information

• Argued 07/13/2006
• Decided 03/08/2007
• Published 03/08/2007

Judges

• ROTH, Circuit Judge., Before SMITH, WEIS and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Morely, Esquire (ARGUED), Morley, Surin & Griffin, P.C., Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, Esquire, United States Attorney, Robert A. Zauzmer, Esquire, Assistant United States Attorney, Susan R. Becker, Esquire (ARGUED), Assistant United States Attorney, Chief of Appeals, Paul Mansfield, Esquire, Assistant United States Attorney, Virginia A. Gibson, Esquire, Assistant United States Attorney, Chief, Civil Division, Philadelphia, PA, for Appellee.