United States Fourth Circuit

Plaintiff's habeas petition, seeking review of his continued detention pursuant to a final order of removal, is granted where the Illegal Immigration Reform and Immigrant Responsibility Act, enacted in 1996, had a retroactive effect on plaintiff's 1994 guilty plea that is impermissible.

Appellate Information

• Decided 10/19/2004
• Published 10/19/2004

Judges

• Before LUTTIG and MICHAEL, Circuit Judges, and Bobby R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Cary Berkeley Kaye, Appellate Litigation Program, Georgetown University Law Center, Washington, DC, for Appellant. Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF:Steven H. Goldblatt, Director, Elizabeth B. Wydra, Supervising Attorney, Laura Phillips, Rachel Brauner Vogelstein, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, DC, for Appellant.