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Keywords

appealdue processdeportationnaturalization
appealdue processdeportationnaturalization

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Reverdes v. Reno

Facts

In 1995, petitioner pled guilty to a drug offense for which he was rendered deportable. Following the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) on April 24, 1996, the Immigration and Naturalization Service issued an order to show cause on August 6, 1996, initiating deportation proceedings against him. The immigration judge found him deportable and denied his request for a discretionary waiver, which was subsequently upheld by the Board of Immigration Appeals (BIA).

In 1995, petitioner pled guilty to a drug offense for which he was rendered deportable. Following the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) on April 24, 1996, the Immigration and Naturalization Service issued an order to show cause on August 6, 1996, initiating deportation proceedings against him. The immigration judge found him deportable and denied his request for a discretionary waiver, which was subsequently upheld by the Board of Immigration Appeals (BIA).

Issue

Whether the retroactive application of AEDPA 440(d) to make petitioner ineligible for a discretionary waiver under INA 212(c) violates his due process rights.

Whether the retroactive application of AEDPA 440(d) to make petitioner ineligible for a discretionary waiver under INA 212(c) violates his due process rights.

Rule

The court applied the principle that retroactive application of laws that affect substantive rights can violate due process, particularly when the individual had a reasonable expectation of relief based on the law at the time of their actions.

The court applied the principle that retroactive application of laws that affect substantive rights can violate due process, particularly when the individual had a reasonable expectation of relief based on the law at the time of their actions.

Analysis

The court found that the petitioner had a reasonable expectation of being eligible for a discretionary waiver when he pled guilty to the drug offense, as the law at that time allowed for such waivers. The retroactive application of AEDPA 440(d) stripped him of that eligibility after he had already committed the offense, which the court determined constituted a violation of his due process rights.

The court found that the petitioner had a reasonable expectation of being eligible for a discretionary waiver when he pled guilty to the drug offense, as the law at that time allowed for such waivers. The retroactive application of AEDPA 440(d) stripped him of that eligibility after he had already committed the offense, which the court determined constituted a violation of his due process rights.

Conclusion

The court remanded the case to the Immigration Court to determine the merits of petitioner's application for a waiver of deportation, concluding that the retroactive application of AEDPA 440(d) was unconstitutional.

The court remanded the case to the Immigration Court to determine the merits of petitioner's application for a waiver of deportation, concluding that the retroactive application of AEDPA 440(d) was unconstitutional.

Who won?

Petitioner prevailed because the court found that the retroactive application of AEDPA 440(d) violated his due process rights.

Petitioner prevailed because the court found that the retroactive application of AEDPA 440(d) violated his due process rights.

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