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EDWARDS v. I.N.S.

Docket Nos. 03-2292, 03-2104.

393 F.3d 299 (2004)

Alexis Milton EDWARDS, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee. Eva Trinidad FALCONI Petitioner-Appellee, v. Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2004.

Attorney(s) appearing for the Case

Marjorie M. Smith (Englander & Smith, of counsel), Tappan, NY, for Petitioner-Appellant Edwards, No. 03-2292.

Steven Kim, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (F. Franklin Amanat, Varuni Nelson, Assistant United States Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellee, No. 03-2292.

Anjan Sahni, Wilmer, Cutler & Pickering (Paul A. Engelmayer, on the brief), New York, NY, for Petitioner-Appellee Falconi, No. 03-2104.

Steven Kim, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Varuni Nelson, Kristen Chapman, Assistant United States Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellee, No. 03-2104.

Before: CALABRESI and SOTOMAYOR, Circuit Judges, and HALL, District Judge.

CALABRESI, Circuit Judge.

These cases, which we address together, raise the question of whether aliens who were erroneously denied the opportunity to apply for § 212(c) relief, should be barred from seeking such relief as a result of their subsequent accrual of five or more years of imprisonment on one or more aggravated felony offenses. We conclude that Petitioners' applications for § 212(c) relief should be judged...

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