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Keywords

jurisdictionattorneystatuteappealhabeas corpusdeportationrespondentliens
jurisdictionattorneystatuteappealhabeas corpusdeportationrespondentliens

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Shah v. Reno

Facts

Petitioner alien was a lawful permanent resident of the United States, but was deportable. Petitioner claimed that he had a statutory right to be considered for a waiver of deportability under the Immigration and Nationality Act, 8 U.S.C.S. 1182(c), but respondent claimed that petitioner was no longer afforded any chance for discretionary review because the Anti-terrorism and Effective Death Penalty Act (AEDPA), Pub. L. No. 104-132, 110 Stat. 1277 (1996), eliminated any discretion that respondent had with respect to deportable aliens. The district court held that it had jurisdiction to hear petitioner's question and that AEDPA 440(d) was not retroactive. Respondent appealed.

Petitioner alien was a lawful permanent resident of the United States, but was deportable. Petitioner claimed that he had a statutory right to be considered for a waiver of deportability under the Immigration and Nationality Act, 8 U.S.C.S. 1182(c), but respondent claimed that petitioner was no longer afforded any chance for discretionary review because the Anti-terrorism and Effective Death Penalty Act (AEDPA), Pub. L. No. 104-132, 110 Stat. 1277 (1996), eliminated any discretion that respondent had with respect to deportable aliens. The district court held that it had jurisdiction to hear petitioner's question and that AEDPA 440(d) was not retroactive. Respondent appealed.

Issue

The main legal issue is whether the Anti-terrorism and Effective Death Penalty Act (AEDPA) 440(d) is retroactive, affecting the rights of lawful permanent residents like the petitioner who were already in deportation proceedings when the law was enacted.

The main legal issue is whether the Anti-terrorism and Effective Death Penalty Act (AEDPA) 440(d) is retroactive, affecting the rights of lawful permanent residents like the petitioner who were already in deportation proceedings when the law was enacted.

Rule

The court held that the AEDPA and IIRIRA do not entirely preclude review on federal habeas corpus of pure questions of law raised by certain lawful permanent residents who are in custody under a final order of deportation.

The court held that the AEDPA and IIRIRA do not entirely preclude review on federal habeas corpus of pure questions of law raised by certain lawful permanent residents who are in custody under a final order of deportation.

Analysis

The court applied the rule by determining that the AEDPA 440(d) was inapplicable to the petitioner because his deportation proceeding had already been commenced prior to the enactment of the AEDPA. The court emphasized that the question of retroactivity was a matter of pure law and that the Attorney General's interpretation of the statute was not entitled to deference. The court found persuasive the analyses of other circuits that had ruled similarly.

The court applied the rule by determining that the AEDPA 440(d) was inapplicable to the petitioner because his deportation proceeding had already been commenced prior to the enactment of the AEDPA. The court emphasized that the question of retroactivity was a matter of pure law and that the Attorney General's interpretation of the statute was not entitled to deference. The court found persuasive the analyses of other circuits that had ruled similarly.

Conclusion

The court affirmed the district court's order, concluding that the petitioner had a statutory right to be considered for discretionary relief under the Immigration and Nationality Act.

The court affirmed the district court's order, concluding that the petitioner had a statutory right to be considered for discretionary relief under the Immigration and Nationality Act.

Who won?

The petitioner, Dinesh Keshavi Shah, prevailed because the court found that he had a statutory right to seek discretionary relief from deportation, which was not eliminated by the AEDPA.

The petitioner, Dinesh Keshavi Shah, prevailed because the court found that he had a statutory right to seek discretionary relief from deportation, which was not eliminated by the AEDPA.

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