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FIGUEROA-RUBIO v. I.N.S.

No. 96-3415.

108 F.3d 110 (1997)

Billy Santos FIGUEROA-RUBIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1997.

Attorney(s) appearing for the Case

David H. Paruch (briefed), Birmingham, MI, for Petitioner.

Dale Ann Goldberg, U.S. Attorney, Office of the U.S. Atty., Cincinnati, OH, David V. Bernal, David M. McConnell, M. Jocelyn Wright, U.S. Department of Justice Immigration Litigation, Civil Division, Washington, DC, Laura M. Friedman, Immigration and Naturalization Service, Office of Immigration Litigation, Washington, DC, Ernesto H. Molina (briefed), Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: BROWN, BATCHELDER, and COLE, Circuit Judges.

BATCHELDER, Circuit Judge.

The Respondent has filed a motion to dismiss this appeal for lack of subject matter jurisdiction. The motion requires us to determine whether § 440(a) of the Antiterrorism and Effective Death Penalty Act applies to petitions filed before its enactment. For the following reasons, we conclude that it does.

I. BACKGROUND

On November 17, 1994, an immigration judge found Figueroa-Rubio deportable pursuant to § 241...

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