JURADO-GUTIERREZ v. GREENE

Nos. 97-1437, 98-1017, 98-1050 and 98-1310.

190 F.3d 1135 (1999)

Manuel JURADO-GUTIERREZ, Petitioner-Appellee, v. Joseph R. GREENE, District Director, United States Immigration and Naturalization Service, Executive Office for Immigration Review and John Doe, Respondents-Appellants. American Immigration Lawyers Association; National Immigration Project of the National Lawyers Guild; Law Professors, Amici Curiae. Benigno Palaganas-Suarez, Petitioner-Appellant, v. Joseph R. Greene, District Director, United States Immigration and Naturalization Service, Denver, Colorado, Respondent-Appellee. National Immigration Project of the National Lawyers Guild; American Immigration Lawyers Association, Amici Curiae. Arnold Desmond Williams, Petitioner-Appellee, v. Joseph R. Greene, District Director, United States Immigration and Naturalization Service, Denver, Colorado, Respondent-Appellant. Law Professors; American Immigration Lawyers Association; National Immigration Project of the National Lawyers Guild, Amici Curiae. Urbano De Jesus Daniel, Petitioner-Appellee, v. Joseph R. Greene, District Director, United States Immigration and Naturalization Service, Denver, Colorado, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing and Suggestion for Rehearing November 29, 1999.


Attorney(s) appearing for the Case

In appeal number 97-1437, Jurado-Gutierrez v. Greene

David M. McConnell, Assistant Director, and Laura A. Smith, Trial Attorney (Lorri L. Shealy, Trial Attorney, with them on the briefs), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appearing for Respondents-Appellants.

Lucas Guttentag, ACLU Immigrants' Rights Project, San Francisco, California, and Sandra Saltrese-Miller, Boulder, Colorado (Lee Gelernt and Cecillia Wang, ACLU Immigrants' Rights Project, San Francisco, California, with them on the briefs), appearing for Petitioner-Appellee Jurado-Gutierrez.

Lenni B. Benson, New York Law School, New York, New York, filed an amici brief for Law Professors.

Marc Van Der Hout and Zachary Nightingale, Van Der Hout & Brigagliano, San Francisco, California, filed an amicus brief for the National Immigration Project of the National Lawyers Guild.

Nadine Wettstein, Tucson, Arizona, filed an amicus brief for the American Immigration Lawyers Association.

In appeal No. 98-1017, Palaganas-Suarez v. Greene

Lucas Guttentag, ACLU Immigrants' Rights Project, San Francisco, California (Jim Salvator, Lafayette, Colorado, on the briefs), for Petitioner-Appellant Palaganas-Suarez.

Laura A. Smith, Trial Attorney (David M. McConnell, Assistant Director, with her on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appearing for Respondent-Appellee.

Marc Van Der Hout and Zachary Nightingale, Van Der Hout & Brigagliano, San Francisco, California, filed an amici brief for the National Immigration Project of the National Lawyers Guild and the American Immigration Lawyers Association.

In appeal number 98-1050, Williams v. Greene:

David M. McConnell, Assistant Director, and Laura A. Smith, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appearing for Respondent-Appellant.

Lucas Guttentag, ACLU Immigrants' Rights Project, San Francisco, California, and Sandra P. Saltrese-Miller, Boulder, Colorado (Jim Salvator, Lafayette, Colorado, on the brief), for Petitioner-Appellee Williams.

Lenni B. Benson, New York Law School, New York, New York, filed an amici brief for Law Professors.

Nadine Wettstein, Tucson, Arizona, filed an amicus brief for the American Immigration Lawyers Association.

Marc Van Der Hout and Zachary Nightingale, Van Der Hout & Brigagliano, San Francisco, California, filed an amicus brief for the National Immigration Project of the National Lawyers Guild.

In appeal number 98-1310, Daniel v. Greene:

David M. McConnell, Assistant Director, and Laura A. Smith, Trial Attorney (Lorri L. Shealy, Trial Attorney, with them on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appearing for Respondent-Appellant.

Lucas Guttentag, ACLU Immigrants' Rights Project, San Francisco, California, and Sandra P. Saltrese-Miller, Boulder, Colorado (Jim Salvator, Lafayette, Colorado, on the brief), for Petitioner-Appellee.

Before TACHA, LUCERO, Circuit Judges, and COOK, District Judge.


As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc November 29, 1999.

TACHA, Circuit Judge.

We have consolidated for oral argument and decision four immigration cases presenting the same issues: (1) whether Congress abrogated, through enactment of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") and Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), the district court's jurisdiction under...

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