ST. CYR v. I.N.S.

Docket No. 99-2614.

229 F.3d 406 (2000)

Enrico ST. CYR, Petitioner-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2000.


Attorney(s) appearing for the Case

Lucas Guttentag, New York, NY, and Michael G. Moore, Springfield, MA (Lee Gelernt, Christopher J. Meade, American Civil Liberties Union Foundation, New York, NY, of counsel), for Petitioner-Appellee St. Cyr.

David McConnell, Immigration and Naturalization Service, Washington, DC (David W. Ogden, Acting Assistant Attorney General, Civil Division, Stephen C. Robinson, United States Attorney, James K. Filan, Jr., Assistant United States Attorney, New Haven, CT; and Quynh Vu, Office of Immigration Litigation, Immigration and Naturalization Service, Washington, DC, of counsel), for Respondent-Appellant.

Before OAKES, WALKER and KEITH, Circuit Judges.


Judge John M. Walker, Jr., filed an opinion in dissent.

OAKES, Senior Circuit Judge:

The case before us presents legal questions of reviewability and retroactivity under the 1996 amendments to the Immigration and Nationality Act ("INA"). Congress amended the INA through the enactment of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 et seq. (1996) and the Illegal Immigration Reform and Immigrant Responsibility...

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