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U.S. v. UBALDO-FIGUEROA

No. 01-50376.

347 F.3d 718 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Isidro UBALDO-FIGUEROA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2003.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., (argument) and Wendy S. Gerboth, San Diego, CA, (brief), for the defendant-appellant.

Shanna L. Dougherty, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON, STEPHEN REINHARDT, and GLENN L. ARCHER, Jr., Circuit Judges.

Argued and Submitted March 12, 2003 — Pasadena, California.

PREGERSON, Circuit Judge:

In this appeal, we address challenges concerning the retroactivity of two provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). First, we consider a due process challenge to the retroactive application of IIRIRA § 321, which broadened the definition of deportable offenses classified as "aggravated felonies." Congress...

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