U.S. v. UBALDO-FIGUEROA

No. 01-50376.

364 F.3d 1042 (2004)

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

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2004.


Attorney(s) appearing for the Case

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

Carol C. Lam, United States Attorney, Shanna L. Dougherty, Assistant U.S. Attorney (on the brief), Mark R. Rehe, Assistant U.S. Attorney (on petition for rehearing), United States Attorney's Office, San Diego, California, for the plaintiff-appellee.

Before: PREGERSON, REINHARDT, and ARCHER, Jr., Circuit Judges.


PREGERSON, Circuit Judge:

In this appeal, we address a challenge concerning the retroactivity of a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). Specifically, we consider the retroactive reach of IIRIRA § 304, which eliminated the discretionary relief from deportation available under former INA § 212(c).

We AFFIRM in part and REVERSE in part.

FACTUAL AND PROCEDURAL HISTORY

Statutory...

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