United States Fifth Circuit

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) does not deprive the circuit court of jurisdiction over a petition for review where, though a temporary resident had an "aggravated felony" conviction under the IIRIRA definition, that conviction did not qualify as an "aggravated felony" under pre-IIRIRA immigration law.

Appellate Information

• Decided 11/11/2002
• Published 11/11/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Wheat Gibson (argued), Dallas, TX, for Petitioner.


• For Appellees:
  
• Andrew Cunningham MacLachlan, U.S. Dept. of Justice, Immigration Litigation, Washington, DC, John Ashcroft, U.S. Dept. of Justice, Civil Div.-Appellate Staff, Washington, DC, Anne M. Estrada, U.S. I.N.S., Dallas, TX, Thomas Ward Hussey, Director, Emily Anne Radford, Assistant Director, Brenda Elaine Ellison, Ernesto Horacio Molina, Joshua E. Braunstein (argued), U.S. Dept. of Justice, Civil Division Immigration Litigation, Washington, DC, Caryl G. Thompson, U.S. I.N.S., New Orleans, LA, for Respondents.