Hopeton Anthony RANKINE, Paul R. Lawrence, Petitioners-Appellants,
v.
Janet RENO, Attorney General of the United States, District Director, Immigration and Naturalization Service, Respondents-Appellees. and
Louis Eloka Eze, Petitioner-Appellant,
v.
James J. Ingham, District Director of Immigration and Naturalization Services, Respondent-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 9, 2000.
Decided January 28, 2003.
Attorney(s) appearing for the Case
(Hopeton Anthony Rankine), pro se Petitioner-Appellant.
Jesse M. Siegel, New York, N.Y. (Law Office of Jesse M. Siegel, of counsel), for Petitioner-Appellant Lawrence.
Kathy Marks, Assistant U.S. Attorney for the Southern District of New York, New York, N.Y. (James B. Comey, United States Attorney, Krishna R. Patel and Jeffrey S. Oestericher, Assistant U.S. Attorneys, of counsel), for Respondents-Appellees.
Katherine Goldstein, New York, N.Y. (Jonathan E. Gradess, Executive Director, Manual D. Vargas, Project Director, New York State Defenders Association; Laura Johnson, Director, Special Litigation Unit, The Legal Aid Society of the City of New York; Paul A. Engelmayer, Christopher J. Meade, Katherine R. Goldstein, Wilmer, Cutler & Pickering; Joshua L. Dratel, Joshua L. Dratel, P.C., New York State Association of Criminal Defense Lawyers), Amici Curiae in support of Petitioners-Appellants.
Donna Werner, New York, N.Y. (Frederick T. Davis, Shearman & Sterling, of counsel), for Petitioner-Appellant Eze.
John S. Hogan, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, Linda S. Wendtland, Assistant Director, of counsel), for Respondent-Appellee.
Before OAKES and CABRANES, Circuit Judges, and PRESKA, District Judge.
United States Court of Appeals, Second Circuit.
OAKES, Senior Circuit Judge.
These cases, which we address in tandem, raise the issue whether Congress's repeal of discretionary waivers of deportation has an impermissible retroactive effect when applied to aliens who were convicted at trial before the date of the repeal. In St. Cyr v. INS,229 F.3d 406 (2d Cir. 2000), which the Supreme Court upheld in INS v. St. Cyr,533 U.S. 289, 121...
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