LexisNexis® Legal Newsroom
Eighth Circuit slaps BIA on 212(c), St. Cyr, retroactivity, statutory counterpart analysis: Lovan II

"By conceding that In re L and In re G-A- were not overruled prior to the repeal of § 212(c), and then ignoring the rule established by those decisions, the BIA majority completely disregarded the Supreme Court’s controlling decision in St. Cyr. Determination of impermissible retroactive...

Seventh Circuit on 212(c), reliance, retroactivity: Khodja v. Holder

"We find that Khodja has demonstrated actual reliance in forgoing a possible benefit such that the repeal of § 212(c) does not apply retroactively in this case. Accordingly, we will remand to the agency for further proceedings to address Khodja’s § 212(c) waiver application."...

CA9 on Retroactivity, 212(c) - Cardenas-Delgado v. Holder

"Francisco Cardenas-Delgado, a legal permanent resident of the United States since 1976, appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision that he is ineligible for relief from removal under former...

CA9 on Deportation Hearing Due Process: USA v. Guzman-Ibarez

"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions § 1182(c) was amended to entirely eliminate the phrase...