United States Ninth Circuit

Where the INS served an Order to Show Cause on alien prior to the effective date of the IIRIRA, evn though it failed to file the OSC before the Act's effective date, the alien is subject to the Act's provisions and cannot find relief from deportation under the Act.

Appellate Information

• Decided 04/02/2001
• Published 04/02/2001

Judges

• GOULD, Circuit Judge:, Before:  REINHARDT, WARDLAW, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerry Kagele,Kagele Law Offices, Spokane, Washington, for the petitioner.


• For Appellees:
  
• David W. Ogden, Acting Assistant Attorney General;  Norah Ascoli Schwarz, Senior Litigation Counsel, Office of Immigration Litigation;  Donald A. Couvillon, Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.