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KOLSTER v. I.N.S.

No. 96-1194.

101 F.3d 785 (1996)

Alfredo A. KOLSTER, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Lee Gelernt, New York City and Richard L. Iandoli, Boston, MA, argued (Iandoli & Associates, Lucas Guttentag, Los Angeles, CA, Letitia Volpp, San Francisco, CA, and American Civil Liberties Union, on the brief), for petitioner.

Linda S. Wendtland, Washington, DC, argued (Frank W. Hunger, Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Office of Immigration Litigation, and Lisa Arnold, Attorney, Office of Immigration Litigation, on the brief), for respondent.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This case requires us to determine whether section 440(a) of the Antiterrorism and Effective Death Penalty Act (AEDPA), enacted after this petition was filed, applies here. Alfredo Kolster, an alien under deportation order, argues that if it does apply, it is unconstitutional. Section 440(a) of AEDPA, which was signed into law on April 24, 1996, prohibits judicial review of deportation orders issued against aliens who have committed certain types...

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