Walcott v. Chertoff
Court of Appeals for the Second Circuit
1Opinion of the Court
KEENAN, District Judge:
Introduction
Petitioner Jermaine Walcott (“Petitioner”) challenges a September 23, 2002 decision of the Board of Immigration Appeals (“BIA”) holding that, pursuant to § 440(d) of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214, 1277 (Apr. 24, 1996), his aggravated felony conviction made him ineligible for discretionary relief from deportation under former § 212(c) of the Immigration and Nationality Act (“INA”). 1 Petitioner claims that the application of the AEDPA to his case was impermissibly retroactive under Restrepo v.…
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