Legal Opinion

Kai Tung Chan v. Mary Ann Gantner, Interim District Director, United States Citizenship and Immigration Services, Docket No. 05-4573-Cv

Court of Appeals for the Second Circuit

Decided September 20, 2006No. 289PublishedCited by 69 opinions

1Per curiam

Plaintiff-appellant, Kai Tung Chan, appeals from a judgment entered on June 28, 2005, in the Southern District of New York (John E. Sprizzo, Judge), upholding a decision by the Citizenship and Immigration Services (CIS) finding Chan ineligible for naturalization under 8 U.S.C. § 1427 because of a 1993 conviction for conspiracy to smuggle aliens, an aggravated felony under 8 U.S.C. § 1101(a)(43)(N), (U). We hold that: (1) the amendments to the Immigration and Nationality Act (INA) that expanded the class of aggravated felonies to include Chan’s offense apply retroactively; (2) Chan is,…

2Cases cited27 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. Christopher Graham v. Long Island Rail RoadCourt of Appeals for the Second Circuit · 2000
  4. Madeline E. Brown v. William J. Henderson, Postmaster General of the United States Postal ServiceCourt of Appeals for the Second Circuit · 2001
  5. United States v. Florida East Coast Railway Co.Supreme Court of the United States · 1973

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3Cited by69 opinions

  1. Anthony Kariuki v. Tracy TarangoCourt of Appeals for the Fifth Circuit · 2013
  2. Puello v. Bureau of Citizenship & Immigration ServicesCourt of Appeals for the Second Circuit · 2007
  3. Ajlani v. ChertoffCourt of Appeals for the Second Circuit · 2008
  4. Moya v. United States Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2020
  5. Bustamante v. NapolitanoCourt of Appeals for the Second Circuit · 2009

64 more not listed; retrieve them via the Exa API.

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