LIANG v. I.N.S.

Nos. 99-5053, 99-5327, 99-6039.

206 F.3d 308 (2000)

Xu Cheng LIANG, Petitioner v. IMMIGRATION & NATURALIZATION SERVICE, Respondent Gioacchino Cinquemani, Petitioner v. Immigration & Naturalization Service, Respondent Carmelo Jose Rodriguez, Petitioner v. Immigration & Naturalization Service, Respondent

United States Court of Appeals, Third Circuit.

Filed March 9, 2000.


Attorney(s) appearing for the Case

Theodore N. Cox, New York, N.Y., Counsel for Petitioner Xu Cheng Liang, No. 99-5053.

Martin A. Kascavage, Schoener & Kascavage, Philadelphia, PA, Counsel for Petitioner Gioacchino Cinquemani, No. 99-5327.

Kerry William Bretz, Alan Michael Straus (Argued), Matthew L. Guadagno, Bretz & Coven, New York, N.Y., Counsel for Petitioner Carmelo Jose Rodriguez, No 99-6039.

Christopher C. Fuller, Alison M. Igoe (Argued), Michael P. Lindemann, John M. McAdams, Jr., David W. Ogden, Terri J. Scadron, John D. Williams, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Counsel for Respondent INS.

Lee Gelernt (Argued), Lucas Guttentag, American Civil Liberties Union Foundation, New York, N.Y., Counsel for Amicus American Civil Liberties Union Foundation.

Jeffrey Heller, Brooklyn Law School, Counsel for Amici Law Professors.

Michael J. Wishnie, Washington Square Legal Services, Inc., New York, N.Y., Counsel for Amicus Citizens and Immigrants for Equal Justice.

Before: SLOVITER, ROTH and COWEN, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

In several opinions handed down in the last two years, this court has had occasion to consider the effect of various provisions of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), Pub...

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