Duldulao v. Immigration & Naturalization Service

O’SCANNLAIN, Circuit Judge:

A provision of the Antiterrorism and Effective Death Penalty Act of 1996 denies judicial review of deportation orders involving aliens convicted of firearms offenses. We must decide whether the new law applies to petitions pending in this court on the date of its enactment.

I

Alfredo Aries Duldulao, Jr., a native of the Philippines, entered the United States as a lawful permanent resident in 1975. In 1989 Duldulao was convicted in the Circuit Court of the State of Hawaii of two firearm offenses in violation of section 134 of the Hawaii Revised Statutes.

Before…