Nevio Restrepo v. Edward McElroy Interim Field Office Director for the Bureau of Immigration and Customs Enforcement, New York

CALABRESI, Circuit Judge.

In this case, we again examine how the presumption against retroactive legislation, a principle rooted in “[ejlementary considerations of fairness,” Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994), applies in the context of immigration law. The government appeals from a judgment of the district court (Weinstein, J.) granting an aben’s petition for a writ of habeas corpus upon finding that the Antiterrorism and Effective Death Penalty Act’s elimination of section 212(c) discretionary relief was impermissibly retroactive as applied…