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HINCAPIE-NIETO v. I.N.S.

No. 96-4022.

92 F.3d 27 (1996)

Jose Duvan HINCAPIE-NIETO, A34 308 195, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

Stanley H. Wallenstein, New York City (Lucas Guttentag and Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York City, on the brief), for petitioner-appellant.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Jonathan E. Demson, Steven I. Froot, James A. O'Brien, III, and Steven M. Haber, Asst. U.S. Attys., New York City, on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, JACOBS and CABRANES, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This motion by the Government to dismiss an alien's petition to review an order of the Board of Immigration Appeals ("BIA") requires this Court to consider the effect of the recently enacted Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA" or "Act"), Pub.L. No. 104-132, 110 Stat. 1214 (1996), upon our jurisdiction over petitions for review filed before the effective date of the AEDPA. Jose Duvan Hincapie-Nieto petitions for...

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