Murali Krishna PONNAPULA;
v.
John ASHCROFT, Attorney General of the United States of America; James W. Ziglas, Commissioner of the Immigration and Naturalization Service; Edward McElroy, New York City District Director of the Immigration and Naturalization Service; Kenneth Elwood, Philadelphia District Director of the Immigration and Naturalization Service; Immigration & Naturalization Service; United States Department of Justice, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 26, 2004.
Filed June 28, 2004.
Attorney(s) appearing for the Case
Daryl F. Bloom, Office of United States Attorney, Harrisburg, William C. Minick (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellants.
Alexander E. Eisemann (Argued), Katonah, N.Y., for Appellee.
Paul A. Engelmayer, Christopher J. Meade (Argued), Katherine R. Goldstein, Wilmer, Cutler & Pickering, New York, N.Y., Joshua L. Dratel, National Association of Criminal, Defense Lawyers, Joshua L. Dratel, P.C., New York, N.Y., Jonathan E. Gradess, Executive Director, Manuel D. Vargas, Project Director, Immigrant Defense Project, New York State Defenders Association, New York, N.Y., for Amici Curiae, National Association of Criminal Defense Lawyers and the New York State Defenders Association in Support of Appellee.
Before RENDELL, BARRY and BECKER, Circuit Judges.
United States Court of Appeals, Third Circuit.
BECKER, Circuit Judge.
This appeal centers on the question whether the Immigration and Naturalization Service ("INS") can apply a new law retroactively in a way that will alter the immigration consequences of an immigrant's decision made under prior law.1 Under former § 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(c) (repealed 1996), deportable aliens who had accrued seven years of lawful permanent residence...
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