Mayers v. United States Department of Immigration & Naturalization Service

BIRCH, Circuit Judge:

Effain Gutierrez-Martinez (“Gutierrez-Martinez”) and Trevor Mayers (“Mayers”) appeal the orders of the district courts denying their petitions for habeas corpus, in which they sought review of their claim that section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) should not apply to their pending applications for waiver of deportation.

I. BACKGROUND

We must consider, as an initial matter, the immigration scheme that provides the controlling law for the habeas corpus petitions of Gutierrez-Martinez and Mayers. In 1996, within a span of five…