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CARRANZA v. I.N.S.

No. 00-2365.

277 F.3d 65 (2002)

Edovidio R. CARRANZA, Petitioner, Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided January 17, 2002.

Attorney(s) appearing for the Case

Robert M. Loeb, Attorney, Appellate Staff, Civil Division, U.S. Dept. of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Donald K. Stern, United States Attorney, and Daniel L. Kaplan, Attorney, Appellate Staff, were on brief, for appellant.

Andrew Nathanson, with whom Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. was on brief, for appellee.

Before: SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

This appeal presents the issue of whether an alien who was convicted of an aggravated felony after the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub.L. No. 104-208 (1996) (codified in scattered sections of 8 U.S.C.) (IIRIRA), may obtain habeas relief on the ground that the Immigration and Naturalization Service (INS) failed to exercise discretion when it initiated deportation proceedings against him. The...

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