United States Sixth Circuit

Under the AEDPA, immigration proceedings commence only when a charging document is filed with the Immigration Court rather than service of the document upon the alien, and an alien cannot legitimately rely on former section 212(c) relief where he would be ineligible for the discretionary waiver.

Appellate Information

• Argued 11/29/2000
• Decided 03/08/2001
• Published 03/08/2001

Judges

• Before:  RYAN and NORRIS, Circuit Judges;  EDGAR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Linda Rose (argued and briefed), Rose Immigration Law Firm, Nashville, TN, for Farid Masud Asad., Wendy Goggin, Asst. U.S. Atty., Office of the U.S. Atty., Nashville, TN, William C. Erb (briefed), U.S. Dept. of Justice, Immigration Litigation, Civ. Div., Margaret J. Perry (briefed), U.S. Dept. of Justice, Office of Litigation, Stephen J. Flynn (argued), Office of Immigration Litigation, Washington, DC, for Janet Reno, Atty. Gen. and Immigration and Naturalization Service., Wendy Goggin, Asst. U.S. Atty., Office of the U.S. Atty., Nashville, TN, Stephen J. Flynn (argued), Office of Immigration Litigation, Washington, DC, for Doris Meissner, Lynn Underdown and Leslie Klinefelter.