MAYERS v. U.S. DEPT. OF I.N.S.

Nos. 97-5537, 98-8185.

175 F.3d 1289 (1999)

Trevor MAYERS, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF IMMIGRATION AND NATURALIZATION SERVICE; Attorney General, Janet Reno, et al., Respondents-Appellees. Efrain Gutierrez-Martinez, Petitioner-Appellant, v. Janet Reno, Attorney General of the United States; Doris Meissner, Commissioner of Immigration and Naturalization, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 20, 1999.


Attorney(s) appearing for the Case

Dan Gelber, Holland & Knight LLP, Miami, FL, for Trevor Mayers.

Irwin P. Stotzky, Coral Gables, FL, Charles H. Kuck, Schwartz, Kuck & Associates, L.L.P., Atlanta, GA, for Amicus Curiae in docket No. 97-5537.

Thomas E. Scott, U.S. Attorney, Dawn Bowen, Adalberto Jordan, Assistant U.S. Attorneys, Miami, FL, Lorri L. Shealy, David McConnell, Ernesto H. Molina, Emily Radford, Department of Justice, Washington, DC, for Respondents-Appellees in docket No. 97-5537.

Charles H. Kuck, Schwartz, Kuck & Associates, L.L.P., Atlanta, GA, for Efrain Gutierrez-Martinez.

Janet S. King, U.S. Attorney, Amy Weil, Mary C. Roemer, Assistant U.S. Attorneys, Atlanta, GA, Ernesto H. Molina, Jr., Michelle Gluck, U.S. Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondents-Appellees in docket No. 98-08185.

Before BIRCH and HATCHETT, Circuit Judges, and KEITH, Senior Circuit Judge.


BIRCH, Circuit Judge:

Efrain Gutierrez-Martinez ("Gutierrez-Martinez") and Trevor Mayers ("Mayers") appeal the orders of the district courts denying their petitions for habeas corpus, in which they sought review of their claim that section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") should not apply to their pending applications for waiver of deportation.

I. BACKGROUND

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