United States Fourth Circuit

8 USC 1231(a)(5) does not have a retroactive effect where the petitioner did not make an application to adjust his resident status before the new law took effect.

Appellate Information

• Argued 04/02/2001
• Decided 08/22/2001
• Published 08/22/2001

Judges

• Before MOTZ and GREGORY, Circuit Judges, and FREDERIC N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jaime Wintheysen Aparisi, Silver Spring, MD, for Petitioner. Papu Sandhu, Senior Litigation, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents. ON BRIEF:  David W. Ogden, Assistant Attorney General, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents.