Legal Opinion

Dias v. Immigration & Naturalization Service

Court of Appeals for the First Circuit

Decided November 27, 2002No. 19-2069PublishedCited by 45 opinions

1Per curiam

In 1995, petitioner Dias was convicted in the trial court for the Commonwealth of Massachusetts of a violation of the drug laws of that state. At the time of the conviction, petitioner was eligible for a discretionary waiver of deportation pursuant to former § 212(c) of the Immigration and Nationality Act. In 1996, § 440(d) of the Antiterrorism and Effective Death Penalty Act (AEDPA) restricted the availability of § 212(c) relief for aliens convicted of a number of felonies, including petitioner’s controlled substance offense.

The issue presented by this petition for review is whether…

2Cases cited4 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Gary Laguerre v. Janet Reno, Jose, Martin Avelar-Cruz v. Janet RenoCourt of Appeals for the Seventh Circuit · 1999
  3. Hugo Armendariz-Montoya v. Roseanne C. Sonchik, District Director, Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  4. Mattis v. RenoCourt of Appeals for the First Circuit · 2000

3Cited by45 opinions

  1. Rankine v. RenoCourt of Appeals for the Second Circuit · 2003
  2. Ponnapula v. AshcroftCourt of Appeals for the Third Circuit · 2004
  3. Lovan v. HolderCourt of Appeals for the Eighth Circuit · 2009
  4. Hem v. MaurerCourt of Appeals for the Tenth Circuit · 2006
  5. Claudius ATKINSON, Appellant. v. ATTORNEY GENERAL OF the UNITED STATESCourt of Appeals for the Third Circuit · 2007

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