United States Ninth Circuit

In an action challenging a deportation order, the court is reversed where defendant had two plausible challenges to his removal order: 1) that the retroactive application of IIRIRA section 321 violated due process under the Fifth Amendment, and 2) that he was eligible for relief under former INA section 212(c).

Appellate Information

• Argued 03/12/2003
• Decided 10/17/2003
• Published 10/17/2003

Judges

• PREGERSON, Circuit Judge:, Before: PREGERSON, REINHARDT, and ARCHER, Jr., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven F. Hubachek,Federal Defenders of San Diego, Inc., (argument) and Wendy S. Gerboth, San Diego, California (brief), for the defendant-appellant., Carol C. Lam, United States Attorney, Shanna L. Dougherty, Assistant U.S. Attorney (on the brief), Mark R. Rehe, Assistant U.S. Attorney (on petition for rehearing), United States Attorney's Office, San Diego, California, for the plaintiff-appellee.