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Keywords

jurisdictionstatuteappealfelonydeportationrespondentliens
jurisdictionstatuteappealfelonydeportationrespondentliens

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Lettman v. Reno

Facts

Petitioner was an alien residing in the United States who was convicted of third degree murder in the death of his child in 1987. The INS ordered his deportation based on this conviction, which was classified as an aggravated felony under the Immigration and Nationality Act. The petitioner contested the deportation, arguing that his conviction predates the effective date of the statute that defined his crime as grounds for deportation. However, the BIA concluded that the Immigration Act of 1990 eliminated the date restriction, making him deportable.

Petitioner was an alien residing in the United States who was convicted of third degree murder in the death of his child in 1987. The INS ordered his deportation based on this conviction, which was classified as an aggravated felony under the Immigration and Nationality Act. The petitioner contested the deportation, arguing that his conviction predates the effective date of the statute that defined his crime as grounds for deportation. However, the BIA concluded that the Immigration Act of 1990 eliminated the date restriction, making him deportable.

Issue

Whether the Immigration Act of 1990 superseded the date restriction set forth in the Anti-Drug Abuse Act of 1988, thereby allowing for the deportation of aliens convicted of aggravated felonies regardless of when the conviction occurred.

Whether the Immigration Act of 1990 superseded the date restriction set forth in the Anti-Drug Abuse Act of 1988, thereby allowing for the deportation of aliens convicted of aggravated felonies regardless of when the conviction occurred.

Rule

The court held that under INA 241(a)(2)(A)(iii), any alien convicted of an aggravated felony at any time after entry is deportable, and that the BIA's interpretation of the statute is reasonable.

The court held that under INA 241(a)(2)(A)(iii), any alien convicted of an aggravated felony at any time after entry is deportable, and that the BIA's interpretation of the statute is reasonable.

Analysis

The court analyzed the statutory provisions and determined that the BIA's interpretation was reasonable, concluding that the IMMACT did not preserve the ADAA date restriction. The court noted that the language of the IMMACT indicated that it applied to all aliens regardless of when they entered the U.S. or when the facts leading to their deportation occurred. The court also referenced previous cases that supported the BIA's interpretation.

The court analyzed the statutory provisions and determined that the BIA's interpretation was reasonable, concluding that the IMMACT did not preserve the ADAA date restriction. The court noted that the language of the IMMACT indicated that it applied to all aliens regardless of when they entered the U.S. or when the facts leading to their deportation occurred. The court also referenced previous cases that supported the BIA's interpretation.

Conclusion

The court affirmed the BIA's decision to deport the petitioner, concluding that the petitioner was deportable as an alien convicted of an aggravated felony, and dismissed the appeal due to lack of jurisdiction to inquire further.

The court affirmed the BIA's decision to deport the petitioner, concluding that the petitioner was deportable as an alien convicted of an aggravated felony, and dismissed the appeal due to lack of jurisdiction to inquire further.

Who won?

The respondents (the Board of Immigration Appeals) prevailed in the case because the court upheld their interpretation of the law, affirming that the petitioner was deportable under the current immigration statutes.

The respondents (the Board of Immigration Appeals) prevailed in the case because the court upheld their interpretation of the law, affirming that the petitioner was deportable under the current immigration statutes.

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