Magana-Pizano v. Immigration & Naturalization Service

With enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Congress dramatically altered our immigration laws and judicial remedies for immigrants facing deportation or exclusion. To consider the proper jurisdiction for habeas corpus petitions and petitions for review of Board of Immigration Appeals decisions under the new statutes, we consolidated these actions. We dismiss the petition for review for lack of jurisdiction, but hold that the petitioner may pursue habeas corpus…