United States Fifth Circuit

Section 309(c)(5) of the IIRIRA requires the retroactive application of the stop-time rule, INA section 240A(d), in removal proceedings commenced after the effective date of the IIRIRA. A petition for review of a BIA decision finding that petitioner was not eligible to apply for cancellation of removal on the basis of the stop-time rule is denied in part and dismissed in part where the BIA correctly decided that the stop-time rule may be applied retroactively to petitioner's pre-1996 convictions, and the circuit court lacked jurisdiction over the remaining claims.

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• PRADO, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Dervin Venion Heaven, Gadsden, AL, pro se.


• For Appellees:
  
• Thomas Ward Hussey, Dir., Linda Susan Wendtland, John Clifford Cunningham, U.S. Dept. of Justice, OIL, Kristen Giuffreda Chapman, U.S. Dept. of Justice, Civ. Div. Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe. A. Aguilar, New Orleans, LA, for Respondent.