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Keywords

jurisdictionappealhearingfelonydeportationnaturalizationjudicial reviewrespondent
jurisdictionfelonydeportationjudicial review

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Valderrama-Fonseca v. Immigration and Naturalization Service

Facts

Petitioner, an illegal immigrant, was convicted of a felony while in the United States. The INS initiated deportation proceedings against him in 1989 due to his illegal entry. After several hearings and appeals, the BIA affirmed the Immigration Judge's decision to deport him based on his burglary conviction, which was classified as an aggravated felony under federal law. The petitioner appealed the BIA's decision, arguing that the case should have been remanded to allow him to apply for adjustment of status under new legislation.

The INS initiated deportation proceedings against Valderrama on October 4, 1989 by ordering him to show cause why he should not be deported for having entered the United States illegally.

Issue

Whether the court had jurisdiction to review the deportation order against the petitioner, an aggravated felon, and whether the BIA was required to remand the case for adjustment of status.

Whether we have jurisdiction in light of 440(a) of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 1214, 1276 (1996), which precludes judicial review of final orders of deportation against aggravated felons, and 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Div. C of Pub. L. 104-208, 110 Stat. 3009 – __, 3009 – __, (1996), which classifies Valderrama's burglary conviction as an aggravated felony.

Rule

The court determined that it had jurisdiction because the aggravated felony amendments of IIRIRA applied only to actions taken after the date of enactment, and the BIA was not compelled to remand the case as there was no independent requirement to identify types of relief available to the petitioner.

We hold that we have jurisdiction over this petition because the aggravated felony amendments of IIRIRA 321(a) apply only to actions taken after IIRIRA's date of enactment (September 30, [*855] 1996), IIRIRA 321(c), and all 'actions taken' in this matter – except for this court's, which we conclude do not count – occurred before that date.

Analysis

The court applied the rule by examining the timing of actions taken in the case relative to the enactment of the IIRIRA. It concluded that all relevant actions occurred before the enactment date, thus allowing for judicial review. The court also noted that the BIA had no obligation to remand the case for adjustment of status since the petitioner did not request such a remand.

Thus, while it is clear that it doesn't matter when the conviction occurred if the IIRIRA 'aggravated felony' amendments apply, it is not clear that those amendments apply. It is clear enough that they apply to 'actions taken' after September 30, 1996, but neither the text nor the legislative history defines the 'actions' that, if 'taken,' trigger the applicability of IIRIRA 321.

Conclusion

The court affirmed the judgment, concluding that the BIA's ruling was final and that it was not required to identify potential relief for the petitioner.

We therefore conclude that the gateway to IIRIRA's aggravated felony amendments has not been opened in this case.

Who won?

The respondent, Immigration and Naturalization Service, prevailed because the court found that it had jurisdiction but upheld the deportation order, affirming the BIA's decision.

The INS argues that because AEDPA 440(a) precludes judicial review of final orders of deportation for aggravated felons, 1 and Valderrama's burglary conviction is an aggravated felony under IIRIRA 321(a)(3), we lack jurisdiction.

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