HERNANDEZ v. GONZALES

No. 04-3832.

437 F.3d 341 (2006)

Domingo Antonio HERNANDEZ, Petitioner v. Alberto R. GONZALES, Attorney General of The United States, Respondent.

United States Court of Appeals, Third Circuit.

February 14, 2006.


Attorney(s) appearing for the Case

Joseph C. Hohenstein, (Argued), Orlow & Orlow, PC, Philadelphia, PA, for Petitioner.

Christopher J. Christie, United States Attorney, Louis J. Bizzarri, Assistant U.S. Attorney, Matthew J. Skahill, (Argued), U.S. Attorney's Office, Camden, NJ, for Respondent.

Before BARRY and AMBRO, Circuit Judges, and POLLAK, District Judge.


AMBRO, Circuit Judge.

Domingo Antonio Hernandez petitions us to rule, inter alia, that the repeal of suspension of deportation under the former Immigration and Nationality Act (INA) § 244(a) has an impermissible retroactive effect on aliens like him who pled guilty to a deportable offense and who would have been eligible for suspension of deportation relief but for the repeal. For the reasons provided below, we disagree.

I. Facts and Procedural...

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