Legal Opinion
Ferguson v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit
Decided March 31, 2009No. 08-10806PublishedCited by 21 opinions
1Opinion of the Court
HULL, Circuit Judge:
This petition requires us to address a question that has divided the other circuits and presents an issue of first impression in ours. Does IIRIRA’s 1 repeal of the INA’s § 212(c) waiver provision 2 have an impermissible retroactive effect on aliens, like Sandra Ferguson, who were convicted of deportable criminal offenses before IIRIRA’s effective date?
Until April 1, 1997 (the effective date of IIRIRA’s repeal of § 212(c)), Ferguson was eligible to apply for a § 212(c) deportation waiver. But the INS initiated removal proceedings in 1998-over a year after § 212(c) was…
2Cases cited37 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
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3Cited by21 opinions
- Norelus v. Denny's, Inc.Court of Appeals for the Eleventh Circuit · 2010
- ABDELGHANYBoard of Immigration Appeals · 2014
- SOLIS-CHAVEZ v. HolderCourt of Appeals for the Seventh Circuit · 2011
- Kellermann v. HolderCourt of Appeals for the Sixth Circuit · 2010
- Canto v. HolderCourt of Appeals for the Seventh Circuit · 2010
16 more not listed; retrieve them via the Exa API.