United States Ninth Circuit

A petition for review, brought by a legal permanent resident who was convicted of several felonies, challenging a decision pretermitting relief under former INA section 212(c) is affirmed over claims that: 1) time served pursuant to the recidivist statute should not have been counted for purposes of a statutory bar on relief; and 2) in the alternative, applying the statutory bar to petitioner's 1988 sentence had an impermissibly retroactive effect on the criminal conduct underlying his convictions.

Appellate Information

• Argued 02/13/2007
• Decided 05/21/2007
• Published 05/21/2007

Judges

• GOULD, Circuit Judge., Before:  RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and ALFRED V. COVELLO,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marc Van Der Hout, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Edward A. Olsen, Assistant United States Attorney, San Francisco, CA, for the respondent.