Fernando Galindo-Del Valle v. The Attorney General, Immigration & Naturalization Service

I.Introduction

Fernando Galindo-Del Valle petitions for review of the Board of Immigration Appeals’ affirmance of an immigration judge’s final order to remove Galindo-Del Valle from the United States. Galindo-Del Valle argues that section 440(d) of the Antiterrorism and Effective Death Penalty Act (AEDPA) is unconstitutional as applied to him and that he should be entitled to relief from deportation. The Attorney General and the Immigration and Naturalization Service (collectively, the INS) have moved to dismiss Galindo-Del Valle’s petition for lack of subject-matter jurisdiction. We conclude…