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WILSON v. GONZALES

No. 04-5869-pr(L), No. 04-5973-(XAP).

471 F.3d 111 (2006)

William Woodrow Wilson, Petitioner-Appellee-Cross-Appellant, v. Alberto Gonzales, Attorney General of the United States, Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElroy, New York District Director, Immigration and Naturalization Service; Lynne Underdown, New Orleans District Director, Immigration and Naturalization Service; Immigration and Naturalization Service, United States Department of Justice, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 7, 2006.

Attorney(s) appearing for the Case

Matthew L. Guadagno, New York, NY (Ruchi Thaker, Kerry W. Bretz, Jules E. Coven, Chungmi Michelle Hua, on the brief, and Bretz & Coven, LLP, of counsel), for Petitioner-Appellee-Cross-Appellant.

Andrew M. McNeela, Assistant United States Attorney, New York, NY, (Michael J. Garcia, United States Attorney for the Southern District of New York, Kathy S. Marks, Assistant United States Attorney, of counsel, for Respondents-Appellants-Cross-Appellees.

Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY (Omar C. Jadwat; Lucas Guttentag and Jennifer C. Chang, Oakland, CA; and Trina A. Realmuto and Mary Kenney, American Immigration Law Foundation, Washington, DC, of counsel), for American Immigration Law Foundation and the American Civil Liberties Union Foundation as Amici Curiae in support of petitioner.

Before JACOBS, Chief Judge, OAKES and WALKER, Circuit Judges.

OAKES, Senior Circuit Judge:

The United States appeals and Petitioner-Appellee-Cross-Appellant William Woodrow Wilson ("Wilson") cross-appeals from a November 17, 2004, judgment of the United States District Court for the Southern District of New York (Wood, J.), granting habeas relief to Wilson and remanding the case to the Bureau of Immigration Appeals ("BIA") for further consideration regarding Wilson's eligibility for relief under the repealed section 212(c) of...

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