Legal Opinion

Fernandes v. McElroy

Court of Appeals for the Second Circuit

Decided February 17, 1998No. 243, Docket 96-2414PublishedCited by 1 opinion

1Opinion of the Court

JACOBS, Circuit Judge:

The Immigration and Naturalization Service (“INS”) appeals from a judgment of the United States District Court for the .Southern District of New York (Preska, /.) granting Xavier Fernandes’ petition for a writ of habeas .corpus and vacating exclusion and deportation orders that the INS had entered against him. After the notice of appeal was filed, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, Div. C, 110 Stat. 3009-546 (1996) (“IIRIRA”). Section 377 of IIRIRA retroactively amended § 245A(f)(4) of the…

2Cases cited6 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Reno v. Catholic Social Services, Inc.Supreme Court of the United States · 1993
  3. Catholic Social Services, Inc. v. MeeseDistrict Court, E.D. California · 1988
  4. Catholic Social Services, Inc. v. ThornburghCourt of Appeals for the Ninth Circuit · 1992
  5. Catholic Social Services, Inc. v. RenoCourt of Appeals for the Ninth Circuit · 1997

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3Cited by1 opinion

  1. Fernandes v. McelroyCourt of Appeals for the Second Circuit · 1998

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