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Keywords

statuteappealmotionhabeas corpusdeportationnaturalizationcase law

habeas corpusfelonydue processdeportation

Related Cases

Reeves v. Reno

Facts

Petitioner Donna Anne Reeves, a legal permanent resident, was convicted of multiple counts of violating controlled substances laws, leading to deportation proceedings initiated by the Immigration and Naturalization Service. The Board of Immigration Appeals ruled that she was ineligible for discretionary relief under 212(c) due to an amendment made by the Antiterrorism and Effective Death Penalty Act of 1996. Reeves argued that this amendment was improperly applied retroactively, affecting her eligibility for relief.

Reeves, a native and citizen of Great Britain, emigrated to the United States on August 17, 1974, as the child of an alien, who was admitted as a fiancee of an American citizen.

Issue

Did the amendment to 212(c) of the Immigration and Nationality Act, as enacted by the Antiterrorism and Effective Death Penalty Act of 1996, apply retroactively to bar the petitioner from seeking discretionary relief from deportation?

Rule

The court applied the principle that statutes are presumed not to apply retroactively unless Congress has clearly expressed such an intent. The court examined the statutory language and legislative history to determine Congress's intent regarding the retroactive application of the amendment.

Under the INA, any alien convicted of an aggravated felony or an offense related to controlled substances is subject to deportation. 8 U.S.C. 1227(a)(2)(A)(iii) & (a)(2)(B)(i).

Analysis

The court analyzed the language of the amendment and its legislative history, concluding that Congress did not intend for the amendment to apply retroactively. The court noted that while some sections of the Antiterrorism and Effective Death Penalty Act contained explicit retroactive language, 440(d) did not, indicating a lack of intent for retroactive application. The court also referenced case law from other circuits that supported this interpretation.

Using these methods of statutory construction, the Court concludes that Congress clearly did not intend 440(d) to apply retroactively.

Conclusion

The court granted the petitioner's motion for a writ of habeas corpus, ruling that the amendment preventing discretionary relief from deportation did not apply retroactively, thus allowing the petitioner to seek such relief.

For the reasons set forth below, the Court grants Petitioner a writ of habeas corpus under 28 U.S.C. 2241.

Who won?

Petitioner prevailed in the case because the court determined that the amendment to the Immigration and Nationality Act did not apply retroactively, allowing her to seek discretionary relief from deportation.

Petitioner claims that the BIA's denial violated her due process rights because it was an impermissible retroactive application of 440(d) and violates the Equal Protection Clause.

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