United States Ninth Circuit

Deportation proceedings commence with the service of an order to show cause upon the alien, not with the filing of such an order with the Immigration Court, for application of AEDPA section 440(d), and such application does not result in an impermissible retroactive effect.

Appellate Information

• Argued 04/09/2002
• Decided 05/30/2002
• Published 05/30/2002

Judges

• Before O'SCANNLAIN and TALLMAN, Circuit Judges, and KING , District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Shelly Goad,Department of Justice, Office of Immigration Litigation, Washington, D.C., argued the cause for the respondent-appellant.   Robert D. McCallum, Jr., Assistant Attorney General, Stuart E. Schiffer, Acting Assistant Attorney General, David J. Kline, Principal Deputy Director, and Hugh G. Mullane, Office of Immigration Litigation, Washington D.C.;  Paul K. Charlton, United States Attorney and Cynthia Parsons, Assistant United States Attorney, Phoenix, Arizona, were on the briefs., Vikram K. Badrinath Vikram Badrinath, P.C., Tucson, Arizona, argued the cause for the petitioner-appellee.