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KELAVA v. GONZALES

No. 03-73689.

410 F.3d 625 (2005)

Bozo KELAVA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2005.

Attorney(s) appearing for the Case

Michael Aaron Harwin, Tucson, AZ, for the petitioner.

Andrew C. MacLachlan (argued) and Russell J.E. Verby (briefed), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before KLEINFELD, HAWKINS, and GRABER, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

Bozo Kelava, a Croatian national, seeks review of a decision by the Board of Immigration Appeals ("BIA"). The BIA concluded Kelava was ineligible for a discretionary waiver of inadmissibility or cancellation of removal for having engaged in terrorist activity. In an issue of first impression, Kelava argues it is impermissibly retroactive to deny him eligibility for previously available discretionary relief, relying on the Supreme...

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